| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 51 (Jan) |
| Court: | Chancery Division |
| Judge: | Jacob J |
| Representation | Robin Hollington QC (instructed by Warren Thomas, Milton Keynes) for H. |
| Kelvin Rutledge (instructed by Green & Rawlings, High Wycombe) for Trax Ltd. | |
| Judgment Dates: | 15 January 2001 |
Catchwords
Practice - Order - Application to set aside - Failure to disclose variation of articles of association - Whether court having jurisdiction to set aside order.
The Case
It was established law that the court did not have jurisdiction to set aside its own order once it had been drawn up, since it was in the public interest that there should be finality in litigation. Even in cases of fraud, the correct course of action for the aggrieved party was to appeal.
Practice Areas
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