Application to set aside judgment gained by fraud

[Donkeyman]

I have made an application to set aside a judgment on the grounds it was gained by fraud. It has been listed for a hearing in November. Does the respondent have to acknowledge service and file a defence within a certain time after service?
Many thanks in anticipation.

[R0b]

In short, no.

When a person issues an application to the court (which can be the claimant or defendant), they are called the applicant and the other is the respondent. The respondent does not have to file something but more than likely will and if they do, they would do so in the form of a witness statement opposing the application that is being made.

Sometimes the respondent might file an initial document with the court that is called something like 'grounds for opposing application for ...' which will briefly set out the reasons why the application is being opposed. That is then followed up by a witness statement with evidence included explaining why the application should not be granted.

Just to be clear, the respondent is not obliged to file anything and the court will take that into account when making its decision, but if the respondent does want to file something, then it should do so as soon as is he/she possibly can unless the court orders something different. If a date for the hearing of the application is set, there would normally be something included that says all parties to file with the court their evidence and serve a copy on the other by X date before the date of the hearing - usually 14 days before the hearing but can be earlier.

[Donkeyman]

Thank you so much Rob.

[Albierose26]

Hi Donkeyman

Did you fill in the form yourself or did you have legal help/internet help please.

[dslippy]

Be aware that as soon as you use the word fraud, you raise the stakes considerably. The court will hold you to a higher stanard of proof, and will give greater freedom on costs of defending such an allegation.

[Donkeyman]

Hi Donkeyman

Did you fill in the form yourself or did you have legal help/internet help please.

Sorry for the delay in replying. I filled out the form myself with a little help from my friend.

[Donkeyman]

I used form N244 to make the application to set aside the judgment. The claim number is different to the claim number on the judgment I am seeking to have set aside. I know this may sound a like a daft question but does this mean my application is a 'fresh action'.

[atticus]

The less daft question is why is the claim number different? How is the Court to know the claim in which you seek to set judgement aside?

[Donkeyman]

The less daft question is why is the claim number different? How is the Court to know the claim in which you seek to set judgement aside?

Sorry, poor question. The claim number on the N244 was the claim who's judgment that I am seeking to have set aside. The court then assigned a different claim number on the Notice of Application application..

[atticus]

Ask the court office why they did this. It appears to be a mistake, unless they can come up with a cogent explanation.

[Donkeyman]

Thank you Atticus. I will do.
I'm just trying to establish if my application to set aside the judgment of some years back is a 'fresh action'.