Rashed v Deane [2025] EWHC 3201 (KB) (05 December 2025)

Rashed v Deane [2025] EWHC 3201 (KB) (05 December 2025)

A party seeking to set aside a final judgment on the ground of fraud must bring a fresh claim for fraud; the High Court has no jurisdiction to set aside such a judgment within the same proceedings under CPR 3.1(7) or its inherent jurisdiction.

Citation
[2025] EWHC 3201 (KB)
Parties
Claimant: Tamim Rashed; Defendant: Peter Deane
Jurisdiction
England and Wales
Judgment Date
05 December 2025
Procedural Posture
Civil (libel) / Application to Set Aside Judgment for Alleged Fraud
Outcome
Application dismissed
Legal Topics
Setting Aside Judgments, Fraud on the Court, Finality of Judgments, Civil Procedure Rules, Remedies in Defamation
Civil Procedure Media Law Defamation Setting Aside Judgments Fraud on the Court Finality of Judgments Civil Procedure Rules Remedies in Defamation

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Parties

Tamim Rashed

Claimant

Peter Deane

Defendant

Procedural Posture

Civil (libel) / Application to Set Aside Judgment for Alleged Fraud

Legal Issues

  1. 1 Whether the High Court has jurisdiction to set aside a final judgment for alleged fraud within the same proceedings or whether a fresh claim is required
  2. 2 Whether CPR 3.1(7) or the court's inherent jurisdiction can be used to set aside a final judgment for fraud

Ratio Decidendi

A party seeking to set aside a final judgment on the ground of fraud must bring a fresh claim for fraud; the High Court has no jurisdiction to set aside such a judgment within the same proceedings under CPR 3.1(7) or its inherent jurisdiction.

Court Disposition

Application dismissed

Orders

  • The Defendant's application to set aside the judgment and stay enforcement is dismissed.