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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether summary judgment should be set aside on grounds of alleged deceit or new evidence
- 2 Whether the court has jurisdiction to set aside a perfected summary judgment after appeal
- 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
Full Case Text
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