Justin Oliver Zinda v Ark Schools & Anor

Justin Oliver Zinda v Ark Schools & Anor

The claimant failed to establish the existence of new evidence, conscious and deliberate dishonesty, or materiality as required to set aside the prior judgments for fraud. The claims were totally without merit, time-barred, and abusive, warranting summary judgment and strike out against both defendants.

Parties
Claimant: Justin Oliver Zinda; First Defendant: Ark Schools; Second Defendant: National Education Union
Jurisdiction
England and Wales
Judgment Date
03 June 2026
Procedural Posture
Civil / Summary Judgment and Strike Out Applications
Outcome
Judgment for the defendants; claims struck out and dismissed; applications dismissed as totally without merit; referral for civil restraint order.
Legal Topics
Fraudulent Procurement of Judgment, Strike Out, Summary Judgment, Civil Restraint Orders, Limitation Period, Breach of Contract, Malicious Falsehood
Civil Procedure Employment Law Fraudulent Procurement of Judgment Strike Out Summary Judgment Civil Restraint Orders Limitation Period Breach of Contract +1 more

Case Brief

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Parties

Justin Oliver Zinda

Claimant

Ark Schools

First Defendant

National Education Union

Second Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the judgments of Master Eastman (2011) and Mr Justice Supperstone (2014) should be set aside for fraud
  2. 2 Whether the claimant has adduced new evidence showing conscious and deliberate dishonesty material to the original decisions
  3. 3 Whether the claims against the defendants disclose reasonable grounds and have real prospects of success

Ratio Decidendi

The claimant failed to establish the existence of new evidence, conscious and deliberate dishonesty, or materiality as required to set aside the prior judgments for fraud. The claims were totally without merit, time-barred, and abusive, warranting summary judgment and strike out against both defendants.

Court Disposition

Judgment for the defendants; claims struck out and dismissed; applications dismissed as totally without merit; referral for civil restraint order.

Orders

  • Claim against First Defendant struck out and dismissed.
  • Claim against Second Defendant struck out and dismissed on court's own initiative.