Whether the county court can set aside an earlier county count judgment obtained by fraud

Lancasters for claimant, Rice-Jones & Smiths for defendants

The High Court has jurisdiction to set aside a judgment in earlier High Court proceedings on the ground that the judgment was obtained by fraud (although an appeal is the more common way to challenge a judgment obtained by fraud, a fresh action can also be started to set aside the judgment). The issue in this case was whether the county court has a similar jurisdiction.

The county court has no inherent jurisdiction. The judge reviewed the County Courts Act 1984 and concluded that the county court does not have any jurisdiction to rescind an earlier county court judgment.

Case Alert - [2016] EWHC 1466 (QB)