Pritchard Englefield (a firm) & Anor v Steinberg [2011] EWHC 48 (QB) (11 February 2011)

Pritchard Englefield (a firm) & Anor v Steinberg [2011] EWHC 48 (QB) (11 February 2011)

There was no evidence of deceit or that the court was misled; the defendant had ample opportunity to participate and present evidence; the application to set aside was without merit and finality must be respected.

Citation
[2011] EWHC 48 (QB)
Parties
Claimant: Pritchard Englefield; Claimant: Michael Leslie Cohn; Defendant: Jonathan Roger Steinberg
Jurisdiction
England and Wales
Judgment Date
11 February 2011
Procedural Posture
Libel Action / Application to Set Aside Summary Judgment
Outcome
Application to set aside summary judgment dismissed
Legal Topics
Summary Judgment, Setting Aside Judgment, Deceit, Jurisdiction, Due Process, Article 6 ECHR

Case Brief

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Parties

Pritchard Englefield

Claimant

Michael Leslie Cohn

Claimant

Jonathan Roger Steinberg

Defendant

Procedural Posture

Libel Action / Application to Set Aside Summary Judgment

  1. 1 Whether summary judgment should be set aside on grounds of alleged deceit or new evidence
  2. 2 Whether the court has jurisdiction to set aside a perfected summary judgment after appeal
  3. 3 Whether there was a lack of due process or breach of Article 6 ECHR

Ratio Decidendi

There was no evidence of deceit or that the court was misled; the defendant had ample opportunity to participate and present evidence; the application to set aside was without merit and finality must be respected.

Court Disposition

Application to set aside summary judgment dismissed

Orders

  • Application dismissed
  • No order to set aside previous judgment