Simms v Carr: ChD 7 Feb 2008

Appeal against withdrawal of order for security for costs. Morgan J explained one type of circumstance (judge misled) justifying re-opening an order: ‘The second case referred to by Patten J is where the court does not have a correct understanding of the facts when it makes the first order. The party then wishes the court to review its first order in the light of a correct understanding of the facts, which are then for that purpose communicated to the court. As Patten J makes clear, the court will not consider an application to revoke or vary the first order where the facts could have been, but were not, correctly stated first time round.’

Morgan J
[2008] EWHC 1030 (Ch)
England and Wales
Cited by:
CitedKojima v HSBC Bank Plc ChD 22-Mar-2011
The defendant had been found to owe money to the bank. In order to avoid damaging his career he agreed to execute a charge to secure the judgment. He now sought release from that order, and to withdraw his admission of the debt. He had acted in . .

Lists of cited by and citing cases may be incomplete.


Updated: 13 December 2021; Ref: scu.267663