Tamim Rashed v Peter Deane

Tamim Rashed v Peter Deane

The High Court has no jurisdiction to set aside a final judgment for alleged fraud within the same proceedings under CPR 3.1(7) or its inherent jurisdiction; the correct procedure is to bring a fresh claim for fraud.

Parties
Claimant: Tamim Rashed; Defendant: Peter Deane
Jurisdiction
England and Wales
Judgment Date
12 August 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, Libel, Civil Restraint Orders
Civil Procedure Media Law Setting Aside Judgments Fraud on the Court Finality of Judgments Libel Civil Restraint Orders

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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 on grounds of alleged fraud within the same proceedings or whether a fresh action 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

The High Court has no jurisdiction to set aside a final judgment for alleged fraud within the same proceedings under CPR 3.1(7) or its inherent jurisdiction; the correct procedure is to bring a fresh claim for fraud.

Court Disposition

Application dismissed

Orders

  • The Set Aside application is dismissed.
  • No directions for hearing the set aside application are required.