Harrison v Harrison [2008] EWHC 362 (QB) (31 January 2008)

Harrison v Harrison [2008] EWHC 362 (QB) (31 January 2008)

The claimant failed to provide new evidence of fraud or perjury that would entirely change the aspect of the original ancillary relief proceedings. The matters raised were either already considered in the original judgment or were immaterial. The claim disclosed no cause of action and was an abuse of process. Summary judgment was appropriate for the defendant.

Citation
[2008] EWHC 362
Parties
Claimant: Mrs Vivien Harrison; Defendant: Mr John Harrison
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Civil / Application to Strike Out Claim / Summary Judgment
Outcome
Claim struck out; summary judgment for defendant
Legal Topics
Setting Aside Judgment for Fraud, Abuse of Process, Freezing Injunction, Ancillary Relief, Costs
Civil Procedure Family Law Setting Aside Judgment for Fraud Abuse of Process Freezing Injunction Ancillary Relief Costs

Case Brief

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Parties

Mrs Vivien Harrison

Claimant

Mr John Harrison

Defendant

Procedural Posture

Civil / Application to Strike Out Claim / Summary Judgment

Legal Issues

  1. 1 Whether the claimant's action to set aside a previous ancillary relief judgment for alleged fraud discloses a cause of action or is an abuse of process
  2. 2 Whether summary judgment should be entered for the defendant
  3. 3 Whether the claimant is entitled to relief based on alleged fraudulent misrepresentation and/or material non-disclosure in prior proceedings

Ratio Decidendi

The claimant failed to provide new evidence of fraud or perjury that would entirely change the aspect of the original ancillary relief proceedings. The matters raised were either already considered in the original judgment or were immaterial. The claim disclosed no cause of action and was an abuse of process. Summary judgment was appropriate for the defendant.

Court Disposition

Claim struck out; summary judgment for defendant

Orders

  • Claimant's claim struck out as disclosing no cause of action and as an abuse of process
  • Summary judgment entered for defendant