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12 November 2009 / Elizabeth Morrsion
Issue: 7393 / Categories: Features , Procedure & practice
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Shifting sands

Elizabeth Morrsion provides an update on the changing world of set-aside applications

The judgment of the Court of Appeal in the recent case of Forcelux Ltd v Binnie [2009] EWCA Civ 854, [2009] All ER (D) 216 (Oct) has altered the landscape in the world of set aside applications, and has done so in the unusual context of considering the meaning of the word “trial”.

It seems that what many of us have always thought of as a trial is not a trial at all, and as a result the criteria for setting aside some judgments have changed, perhaps for the benefit of applicants.

In Forcelux, the claimant freeholder, F, obtained a possession order against a long leaseholder, B, at a hearing, fixed on issue of the claim, which B failed to attend. Although B discovered the existence of the judgment six weeks later, it was not until over five months had elapsed that he (successfully) applied to set aside the order.

F appealed to the Court of Appeal, contending that B’s application was governed

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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