Setting Aside Judgment in Fraud Cases - Finality Versus Fraud

Introduction

In the heat of the litigation battle, suspicions can arise on each side: has your opponent disclosed all they should? Are their witnesses really telling the truth? Should a judgment go against you, there is the pathway of appeal - but what if new evidence arises to show not that the case may or may not have been decided incorrectly, but that your opponent deliberately misled the Court?

What if, following a famous victory, that allegation is made against your client?

The finality of litigation is an essential tenet or our legal system - but even more so is the equitable jurisdiction of the Court to address instances of fraud, the result of which is an egregious outcome which cannot be allowed to stand. The law relating to setting aside judgments on the basis they were obtained by fraud is developing, as more and more such claims are brought.

At the end of this webinar, you will have a better understanding of this rapidly growing area of litigation - one you are increasingly likely to come across - and how to deal with it.

What You Will Learn

This webinar will cover the following:

• The legal principles involved in claims to set aside a judgment obtained by fraud, including those set out in Takhar v Gracefield Developments and others
• The speaker’s own experiences of working on such a claim, which went all the way to a Supreme Court application for permission to appeal
• The latest development in this area, being the most recent Takhar [2024] case, by which the Court has indicated that procuring a judgment based on fraud may amount to unlawful means conspiracy
• Practical tips on how to deal with these claims

This pre-recorded webinar will be available to view from Wednesday 30th April 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.