How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year 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 1 year ago.

Misrepresentation and concealment of evidence

Expert:  Ash replied 1 year ago.
On what basis?
Customer: replied 1 year ago.

There is no justifiable basis as I see it.

Expert:  Ash replied 1 year ago.
Was this after a trial the original ccj?
Customer: replied 1 year 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 1 year ago.
Do you have a number we can speak on?
Customer: replied 1 year ago.

Yes, see private contact info below.

Expert:  Ash replied 1 year ago.
Ok, I will call shortly.
Customer: replied 1 year ago.

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

Expert:  Ash replied 1 year ago.
I called but it went to voicemail. When would be a good time to speak?
Customer: replied 1 year ago.

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

Expert:  Ash replied 1 year ago.