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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A party has filed a claim at the County Court alleging that

Customer Question

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?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you
What is the basis of the fraud please?
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Misrepresentation and concealment of evidence

Expert:  Ash replied 2 years ago.
On what basis?
Customer: replied 2 years ago.

There is no justifiable basis as I see it.

Expert:  Ash replied 2 years ago.
Was this after a trial the original ccj?
Customer: replied 2 years ago.

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.

Expert:  Ash replied 2 years ago.
Do you have a number we can speak on?
Customer: replied 2 years ago.

Yes, see private contact info below.

Expert:  Ash replied 2 years ago.
Ok, I will call shortly.
Alex
Customer: replied 2 years ago.

Is there any particular reason why you have not responded to my question?

Expert:  Ash replied 2 years ago.
I called but it went to voicemail. When would be a good time to speak?
Customer: replied 2 years ago.

Anytime between 12 noon and 1.00 pm today is fine by me.

Expert:  Ash replied 2 years ago.
Ok.

Alex