Supreme Court clarifies test for setting aside judgment for fraud

The Supreme Court has resolved uncertainty as to the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud. Overturning the Court of Appeal’s decision, it confirmed that there is no need to demonstrate that the evidence of fraud could not have been obtained … Read more

Conflicting first instance decisions on whether default judgment can be granted where acknowledgement of service filed late

In a recent judgment, the High Court rejected an application for default judgment on the basis that the defendant’s acknowledgement of service, though late, had been filed shortly before the application: Cunico Resources NV v Daskalakis [2018] EWHC 3382 (Comm). The decision turned on the interpretation of CPR 12.3(1), which sets out the conditions to … Read more