Campbell v Banks & Ors

Campbell v Banks & Ors

The application to set aside the judgment fails because the applicants have not pleaded or established any credible case of fraud or fraudulent concealment. The alleged failures by the respondents and their advocates to raise or disclose certain arguments or documents do not amount to fraud. The applicants' arguments are without merit and do not justify any further directions or a hearing inter partes.

Parties
Applicant: Alan Eric Campbell; Applicant: Maureen Campbell; Respondent: William Thomas Banks; Respondent: Mrs Banks; Respondent: Mr Baybutt; Respondent: Mrs Baybutt
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Civil / Application to Set Aside Judgment for Alleged Fraud
Outcome
Application dismissed
Legal Topics
Setting Aside Judgments, Fraud on the Court, Rights of Way, Easements, Appeals
Civil Procedure Property Law Setting Aside Judgments Fraud on the Court Rights of Way Easements Appeals

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Parties

Alan Eric Campbell

Applicant

Maureen Campbell

Applicant

William Thomas Banks

Respondent

Mrs Banks

Respondent

Mr Baybutt

Respondent

Mrs Baybutt

Respondent

Procedural Posture

Civil / Application to Set Aside Judgment for Alleged Fraud

Legal Issues

  1. 1 Whether the original judgment was obtained by fraud or perjury
  2. 2 Whether the applicants can plead a case in fraud sufficient to withstand summary challenge
  3. 3 Whether there was fraudulent concealment of material evidence by the respondents or their advocates

Ratio Decidendi

The application to set aside the judgment fails because the applicants have not pleaded or established any credible case of fraud or fraudulent concealment. The alleged failures by the respondents and their advocates to raise or disclose certain arguments or documents do not amount to fraud. The applicants' arguments are without merit and do not justify any further directions or a hearing inter partes.

Court Disposition

Application dismissed

Orders

  • No directions for inter partes hearing
  • Warning that further proceedings may result in a civil restraint order