This appeal raises a novel point as to the jurisdiction of the county court to rescind a judgment in earlier county court proceedings on the grounds of perjury and subornation of a witness.
Held: ‘i) The county court is a creation of statute and unlike the High Court has no inherent jurisdiction;
ii) . . the High Court has jurisdiction to hear proceedings for rescission of a previous decision on the grounds of fraud;
iii) The more common means of challenging a judgment obtained by fraud is by way of an appeal, but the remedy of a fresh action for rescission of a judgment remains available in the High Court;
iv) In recent cases, the Court of Appeal has doubted whether the county court has jurisdiction to rescind its own decisions, but there is no decided case to that effect;
v) The county court does have jurisdiction to set aside a deed of release of a judgment debt obtained by fraud.’
Garnham J
[2016] EWHC 1466 (QB)
Bailii
Litigation Practice
Updated: 01 November 2021; Ref: scu.565985
