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Can Res Judicata be overturned in the face of fresh evidence?

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  • Can Res Judicata be overturned in the face of fresh evidence?

    Possibly negligent, if not fraudulent, misstatement/ misrep.

  • #2
    Anyone?

    Signed: Billy Nomates, lol

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    • #3
      A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Thanks, Tech Clerk
        So the decision can be appealed, then.
        That makes sense & offers a glimmer of hope.
        However, I was aiming for a set aside?
        Last edited by charitynjw; 23 January 2021, 05:43.

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        • #5
          Originally posted by charitynjw View Post
          Thanks, Tech Clerk
          So the decision can be appealed, then.
          That makes sense & offers a glimmer of hope.
          However, I was aiming for a set aside?
          He comes- he uses- he leaves - typical man.

          Hope you are well

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          • #6
            Originally posted by Warwick65 View Post

            He comes- he uses- he leaves - typical man.

            Hope you are well
            Hi Warwick

            Can't complain (no-one listens anyway, lol)

            How's you?

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            • #7
              Oh you know, same old, different day, same stuck working from home

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              • #8
                Originally posted by Warwick65 View Post
                Oh you know, same old, different day, same stuck working from home
                So, can you bring me up to speed with what's new in the wacky world of consumer debt?

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                • #9
                  Well I think it’s been relatively quiet from the big boys. Some claims knocking around on low value debts, the ones where it is just not economical to take legal advice. Also from what I can see, Judges are more willing to add costs against the debtor in the small claims track.

                  There seem to be some truly perverse judgements going around and the use of tech does not add to justice.

                  With post being so erratic I can see default judgements coming because people don’t get the claim form.

                  Comment


                  • #10
                    Have you seen any evidence of the courts allowing flexibility re deadlines because of covid delays?
                    & why costs? Unreasonable behaviour?

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                    • #11
                      Originally posted by charitynjw View Post
                      Have you seen any evidence of the courts allowing flexibility re deadlines because of covid delays?
                      & why costs? Unreasonable behaviour?
                      I haven't heard of any flexibility because of Covid but that doesn't mean there hasn't been. As for costs, I am unsure but in two cases they seemed to be able to convince the judge the defence was hopeless. The costs were not huge, in the order of £100-£200 but when the original debt was less than £500 it becomes a big chunk. I saw one of the defences and it certainly had some merit but was not clear cut as in no agreement, it was a little more technical. I don't think there was a compliant DN. Yet again, in my opinion it's a case of justice being unavailable to some sections of society.

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                      • #12
                        Originally posted by charitynjw View Post
                        So the decision can be appealed, then.
                        That makes sense & offers a glimmer of hope.
                        However, I was aiming for a set aside?
                        What was the claim for?

                        A consumer credit debt, private parking ticket etc?

                        Di

                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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