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
