Source: All England Reporter
Publisher Citation: [2008] All ER (D) 278 (Jan)
Court: Queen's Bench Division
Judge:

Judge Seymour QC
Representation The claimant appeared in person.
  Andrew Lenon QC (instructed by Manches LLP) for the defendant.
Judgment Dates: 31 January 2008

Catchwords

Judgment - Setting aside - Judgment obtained by fraud - Ancillary relief proceedings - Claimant arguing defendant making material non-disclosure - Claimant bringing proceedings - Defendant applying for summary judgment or strike out of claim - Whether material non-disclosure - Whether summary judgment or strike out of claim.

The Case

In the instant case, there had been no proper foundation for the claims made by the claimant and summary judgment was entered in favour of the defendant, where the claimant had contended that, a judgment entered in ancillary proceedings in respect of divorce proceedings, be set aside on the basis of, inter alia, the defendant's material non-disclosure of a bank account of a company of which he was the sole director. It could not be said that the claimant's claim had not disclosed a cause of action; however, there had been no real prospect of her succeeding in the action.

Practice Areas

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