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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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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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