Terry v BCS Corporate Acceptances Ltd and others

Practice – Pre-trial or post-judgment relief. There was no good reason why the defendant should not have adopted one of the well-established means of challenging a judgment allegedly obtained by fraud and his attempts to do so by other means, and to seek to do so without the need properly to plead and prove fraud, had been misconceived. Accordingly, the Court of Appeal, Civil Division, dismissed the defendant's appeal against the judge's order dismissing the defendant's applications, under CPR 3.4 and CPR 3.1(7), to strike out the claimants' claims after final judgment.

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