Court has no power to strike out for abuse after judgment

In Fairclough Homes v Summers, the Supreme Court held that a court does have jurisdiction to strike out a statement of case for abuse of process (eg because of a fraudulent claim) even after the trial of an action, in exceptional circumstances. In this case, the judge held that the principle in Fairclough cannot be applied after judgment has been given, though, because after judgment has been given, there is no longer a claim to be struck out: instead, the relevant cause of action (and thus the claim) has merged in the judgment. The judge held that the appropriate course for the defendant is to apply for permission to appeal out of time (if the defendant has fresh, credible evidence which could not have been obtained with reasonable diligence for use earlier on).