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Practice – Strike out. The claimants brought proceedings to set aside a judgment granted in favour of the defendant, alleging that it had been obtained by fraud. The defendant applied to strike out and/or dismiss the claimants' claim. The Chancery Division, in allowing the application, held that on the facts, it could not be concluded that the claimants had an arguable case, nor one with any realistic prospect of success, to set aside the judgment. The claimants' proposed amended case of fundamental deception did not save the proceedings, was not arguable and, in any event, was flawed by the fresh evidence rule, in particular the reasonable diligence requirement.
Practice – Strike out. The claimants brought proceedings to set aside a judgment granted in favour of the defendant, alleging that it had been obtained by fraud. The defendant applied to strike out and/or dismiss the claimants' claim. The Chancery Division, in allowing the application, held that on the facts, it could not be concluded that the claimants had an arguable case, nor one with any realistic prospect of success, to set aside the judgment. The claimants' proposed amended case of fundamental deception did not save the proceedings, was not arguable and, in any event, was flawed by the fresh evidence rule, in particular the reasonable diligence requirement.
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