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A party has filed a claim at the County Court alleging that its previous judgment was procured as a result of fraud. She makes it clear in her pleadings that she does not want the original judgment set aside but seeks damages for the alleged fraud. As a matter of law can a county court investigate allegations of fraud in respect of its previous judgment where no application has been made to have that judgment set aside and where the second action can be deemed to be a collateral action on the judgment of a court of competent jurisdiction?
Misrepresentation and concealment of evidence
There is no justifiable basis as I see it.
Yes. 1 year after summary judgment had been entered in the previous county court proceedings for debt and she had appealed the judgment unsuccessfully to the Court of Appeal. Then, sour grapes, unfounded allegations of fraud via new set of proceedings.
Yes, see private contact info below.
Is there any particular reason why you have not responded to my question?
Anytime between 12 noon and 1.00 pm today is fine by me.