Harrison v Harrison

Harrison v Harrison

The claimant's evidence did not establish fraud or perjury by the defendant, nor did any alleged new evidence entirely change the aspect of the original ancillary relief proceedings. The allegations were either not new, not material, or not substantiated. The claimant had no real prospect of success, and the application to set aside the judgment was an abuse of process. Summary judgment for the defendant was appropriate.

Parties
Claimant: Mrs Vivien Harrison; Defendant: Mr John Harrison
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Civil (application to Set Aside Judgment for Fraud) / Judgment on Application for Summary Judgment/strike Out
Outcome
Summary judgment for the defendant; claimant's applications dismissed
Legal Topics
Setting Aside Judgment for Fraud, Ancillary Relief, Freezing Injunctions, Summary Judgment, Abuse of Process
Civil Procedure Family Law Setting Aside Judgment for Fraud Ancillary Relief Freezing Injunctions Summary Judgment Abuse of Process

Case Brief

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Parties

Mrs Vivien Harrison

Claimant

Mr John Harrison

Defendant

Procedural Posture

Civil (application to Set Aside Judgment for Fraud) / Judgment on Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether the claimant has a real prospect of succeeding in setting aside the Baron Order for fraud
  2. 2 Whether the particulars of claim disclose a cause of action or amount to an abuse of process
  3. 3 Whether summary judgment should be entered for the defendant

Ratio Decidendi

The claimant's evidence did not establish fraud or perjury by the defendant, nor did any alleged new evidence entirely change the aspect of the original ancillary relief proceedings. The allegations were either not new, not material, or not substantiated. The claimant had no real prospect of success, and the application to set aside the judgment was an abuse of process. Summary judgment for the defendant was appropriate.

Court Disposition

Summary judgment for the defendant; claimant's applications dismissed

Orders

  • Summary judgment entered for Mr Harrison
  • Mrs Harrison to pay Mr Harrison's costs of the action on the indemnity basis