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01 December 2017
Issue: 7772 / Categories: Features , Judicial line , In Court
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Judicial line: 1 December 2017

Judicial Q&A: challenge route; goods without cash; too much court; mortgage release doubts; who decides on committal?

Presently aggrieved

Q Can the court ever entertain an application to set aside its order on the application of a party who was present at the hearing at which the order was made (insolvency reviews apart) or is an appeal the only route of challenge?

A Yes, the court can entertain but only in very limited circumstances. The applicant would have to establish that they had a real prospect of showing that the court at the original hearing had been misled by the respondent party or that there had been a material change in circumstances since the original hearing.

Today or tomorrow?

Q Where the court orders a return of goods in favour of a claimant who also seeks a money judgment, is there any bar to the money judgment being given at the same time or should that relief be adjourned over with a view to being dealt with after sale of the repossessed property? Is the situation not akin to the mortgagee who asks for

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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