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

[charitynjw]

Possibly negligent, if not fraudulent, misstatement/ misrep.

[charitynjw]

Anyone?

Signed: Billy Nomates, lol

[The Tech Clerk]

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.

[charitynjw]

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?

[Warwick65]

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

[charitynjw]

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?

[Warwick65]

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

[charitynjw]

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?

[Warwick65]

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.

[charitynjw]

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

[Warwick65]

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.

[Joanna Connolly Solicitors]

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