Campbell v Banks & Ors [2015] EWHC 3701 (Ch) (18 December 2015)

Campbell v Banks & Ors [2015] EWHC 3701 (Ch) (18 December 2015)

The application to set aside the original judgment for fraud is dismissed because the applicants failed to demonstrate any fraudulent conduct or concealment of material evidence by the defendants or their legal representatives. The allegations are without merit and do not justify further proceedings.

Citation
[2015] EWHC 3701 (Ch)
Parties
Claimant: Alan Eric Campbell; Claimant: Maureen Campbell; Defendant: William Thomas Banks; Defendant: Mrs Banks; Defendant: Mr Baybutt; Defendant: Mrs Baybutt
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Application to Set Aside Judgment for Fraud / Post Judgment Application
Outcome
Application dismissed
Legal Topics
Setting Aside Judgment for Fraud, Rights of Way, Easements, Civil Restraint Orders
Civil Procedure Property Law Setting Aside Judgment for Fraud Rights of Way Easements Civil Restraint Orders

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Parties

Alan Eric Campbell

Claimant

Maureen Campbell

Claimant

William Thomas Banks

Defendant

Mrs Banks

Defendant

Mr Baybutt

Defendant

Mrs Baybutt

Defendant

Procedural Posture

Application to Set Aside Judgment for Fraud / Post Judgment Application

Legal Issues

  1. 1 Whether the original judgment was obtained by fraud or perjury
  2. 2 Whether the applicants can plead a case in fraud sufficient to withstand summary challenge
  3. 3 Whether there was fraudulent concealment of material evidence

Ratio Decidendi

The application to set aside the original judgment for fraud is dismissed because the applicants failed to demonstrate any fraudulent conduct or concealment of material evidence by the defendants or their legal representatives. The allegations are without merit and do not justify further proceedings.

Court Disposition

Application dismissed

Orders

  • No directions for inter partes hearing
  • Warning of potential civil restraint order if further proceedings are commenced on same grounds