Jeffery v Jeffery [2021] EWHC 582 (Ch) (19 February 2021)

Jeffery v Jeffery [2021] EWHC 582 (Ch) (19 February 2021)

The application to set aside or stay the order for sale fails because Andrew Jeffery did not demonstrate a real prospect of success in setting aside the underlying costs orders for fraud. The allegations of fraud were either previously raised and rejected or were not material to the original judgments. The stringent conditions for setting aside for fraud are not met.

Citation
[2021] EWHC 582 (Ch)
Parties
Claimant/respondent: Nicholas David Jeffery; Defendant/applicant: Andrew Paul Jeffery
Jurisdiction
England and Wales
Judgment Date
19 February 2021
Procedural Posture
Application to Set Aside or Stay Order for Sale / Post Judgment Application
Outcome
Application dismissed
Legal Topics
Setting Aside Orders, Order for Sale, Charging Orders, Costs Orders, Fraud on the Court
Civil Procedure Property Law Trusts and Estates Setting Aside Orders Order for Sale Charging Orders Costs Orders Fraud on the Court

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Parties

Nicholas David Jeffery

Claimant/respondent

Andrew Paul Jeffery

Defendant/applicant

Procedural Posture

Application to Set Aside or Stay Order for Sale / Post Judgment Application

Legal Issues

  1. 1 Whether the order for sale should be set aside or stayed under CPR 39.3
  2. 2 Whether there is a real prospect of success in setting aside underlying costs orders for alleged fraud

Ratio Decidendi

The application to set aside or stay the order for sale fails because Andrew Jeffery did not demonstrate a real prospect of success in setting aside the underlying costs orders for fraud. The allegations of fraud were either previously raised and rejected or were not material to the original judgments. The stringent conditions for setting aside for fraud are not met.

Court Disposition

Application dismissed

Orders

  • Applications to set aside or stay the order for sale are dismissed.