Pritchard Englefield (a firm) & Anor v Steinberg

Pritchard Englefield (a firm) & Anor v Steinberg

There was no evidence of deceit or that the court was misled in 2003. No new evidence or defence on the merits was presented. The application was made years after the judgment and after appeal to the Court of Appeal, and there is no basis to set aside the judgment. Finality and proper procedure require the application to fail.

Parties
Claimant: Pritchard Englefield; Claimant: Michael Leslie Cohn; Defendant: Jonathan Roger Steinberg
Jurisdiction
England and Wales
Judgment Date
11 February 2011
Procedural Posture
Civil / Application to Set Aside Summary Judgment
Outcome
application dismissed
Legal Topics
Summary Judgment, Setting Aside Judgment, Deceit, Abuse of Process, Finality of Litigation
Defamation Civil Procedure Summary Judgment Setting Aside Judgment Deceit Abuse of Process Finality of Litigation

Case Brief

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Parties

Pritchard Englefield

Claimant

Michael Leslie Cohn

Claimant

Jonathan Roger Steinberg

Defendant

Procedural Posture

Civil / Application to Set Aside Summary Judgment

Legal Issues

  1. 1 Whether the summary judgment granted in 2003 should be set aside on grounds of alleged deceit or new evidence
  2. 2 Whether the High Court has jurisdiction to set aside the judgment after appeal to the Court of Appeal
  3. 3 Whether there was a denial of due process or breach of Article 6 ECHR

Ratio Decidendi

There was no evidence of deceit or that the court was misled in 2003. No new evidence or defence on the merits was presented. The application was made years after the judgment and after appeal to the Court of Appeal, and there is no basis to set aside the judgment. Finality and proper procedure require the application to fail.

Court Disposition

application dismissed

Orders

  • Application to set aside summary judgment is dismissed.
  • No order to set aside the damages award.