Set aside meaning

This Checklist is intended to help practitioners adopt a structured method for resisting a without‑notice application for an interim injunction. It should be read in conjunction with the detailed guidance contained in the following Practice Notes: Interim injunctions—without notice applications Interim injunctions—the American Cyanamid guidelines Interim injunctions—drafting the order Although this Checklist concentrates on without‑notice applications, there is inevitably some cross‑over with matters that arise on on‑notice applications. Practitioners should therefore also familiarise themselves with the detailed guidance contained in: Opposing an on notice interim injunction application—checklist as well. 6 April 2025 changes With effect from 6 April 2025, the CPR provisions governing interim injunctive relief were amended. In particular, CPR 25 underwent extensive revision, and the related Practice Directions were revoked. This revocation covered the example draft orders found in Annex A and Annex B to Practice Direction 25A. In addition, three new ‘model orders’ came into force on 6 April 2025. The reforms were not intended to...

Testamentary capacity Oliver v Oliver [2024] EWHC 2289 (Ch) – News Analysis: Will overturned for want of testamentary capacity and undue influence (Oliver v Oliver). This judgment is an uncommon instance of a successful attack on a professionally drafted Will for both incapacity and coercion, even where the court had a recording of the testator’s instructions and the GP had issued a supporting certificate. Despite those formalities, the court concluded the Will should be set aside on both grounds. Alexandra Rogers, managing associate at Foot Anstey LLP. Leonard v Leonard (by her litigation friend Sharon Thompsett) [2024] EWHC 321 (Ch) – News Analysis: High Court offers guidance on the test for testamentary capacity (Leonard v Leonard). The High Court examines and clarifies Banks v Goodfellow, and underscores the continuing importance of expert evidence in capacity disputes. It underscores how clinical and legal evaluations interact closely, effectively. George Vare, barrister at Serle Court Chambers. Wilkinson v Hicken [2023] EWHC 1983 (Ch) – News Analysis: Personality disorders...

If one party suspects the other has transferred assets to a third party to undermine their claims in financial remedy proceedings arising from divorce or dissolution of a civil partnership, they may seek relief under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or the corresponding provision in the Civil Partnership Act 2004 (CPA 2004). Any such transfer is a 'reviewable' disposition, enabling the court to examine it and, where appropriate, nullify it. The application can be brought either before, or after, the court has made an order in the substantive financial proceedings. The recipient third party must be added as a party to the case. Procedure is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18. A financial application must be extant when asking the court to set aside. This requires a properly constituted application under any of MCA 1973, ss 22, 23, 24, 24B, 27, 31 (save for MCA 1973, s 31(6)) or MCA 1973, s 35, or the CPA 2004 equivalents....

This Flowchart sets out the conditions that must be satisfied for a floating charge to be avoided. This flowchart outlines the criteria that must be met to have a floating charge set aside successfully...

In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...

Advantage Insurance Co Ltd v Stoodley and another [2018] EWHC 2135 (QB), [2018] All ER (D) 79 (Aug) What are the practical implications of the judgment? Two key, practical takeaways arise from this decision. Substantive point: a motor insurer granting cover under a DOC extension is insuring a liability that must be provided for under section 145 of the Road Traffic Act 1988 (RTA 1988). Consequently, a DOC insurer may function not only as a contractual insurer but also as a hybrid insurer (a contractual insurer whose liability is adjusted by RTA 1988, s 148) or as a statutory insurer under RTA 1988, s 151. This will matter in situations where multiple insurers are involved. Procedural point: claimants who anticipate an adverse ruling cannot sidestep it by discontinuing before judgment and then attempting to re‑litigate the same issue. Where a claimant discontinues in those circumstances, a defendant would be well advised to seek an order setting aside the notice of discontinuance. Whilst the law...

Oliver v Oliver [2024] EWHC 2289 (Ch) What are the practical implications of this case? This judgment stands as an uncommon instance of a Will being set aside for both want of testamentary capacity and undue influence despite professional preparation, the court having the testator’s recorded instructions, and a certificate obtained from the testator’s GP. It merits close reading for its survey of authority and its demonstration of the application of legal principles in real cases, including where a defendant declines to engage with the proceedings. The court concluded that William lacked testamentary capacity after a detailed evaluation of his medical notes (including a post-mortem), expert opinion from a Consultant in Old Age Psychiatry, and witness evidence. Although a determination on undue influence was not required, the reasoning still provides a helpful illustration of a successful claim. Jane adduced substantial material evidencing Rodney’s domination of William, which encompassed restricting his contact with other relatives and influencing his medical treatment. Rodney induced William to cease his prescribed treatment and instead...

CASE HUB NOTE—appeal lodged before the Court of Justice in Cases C-806/19 P and C-883/19 P ARCHIVED —this archived case hub records the state of play as at the judgment dated 24 September 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline: Appeal brought before the General Court challenging the Commission’s decision of 7 December 2016, which found infringements and levied fines on three banks that did not settle, due to their involvement in a cartel in the Euro interest rate derivatives (EIRD) market (Case AT.39914). Latest developments On 24 September 2019, the General Court delivered its judgment, largely confirming the Commission’s conclusion that HSBC Holdings plc took part in a single and continuous infringement of Article 101(1) TFEU. Nonetheless, the General Court set aside the fine imposed on HSBC Holdings plc because the Commission provided ‘insufficient reasons’ for the methodology used to calculate that penalty...

This Practice Note explores the recognition and enforcement of arbitral awards under Austrian law Note The decisions of the Austrian Supreme Court (Oberster Gerichtshof) (OGH) mentioned below are not reported by LexisNexis®. Austria’s regime for recognising and enforcing foreign arbitral awards consists of national statutes, international treaties, and bilateral and multilateral accords. Two domestic statutes are central: the Austrian Enforcement Act (AEA) and the Austrian Code of Civil Procedure (ACCP), which sets out Austrian arbitration provisions. Section 614 ACCP governs the recognition and declaration of enforceability of foreign arbitral awards, meaning awards issued by tribunals seated outside Austria: recognition and the declaration of enforceability of foreign arbitral awards proceed under the Enforcement Act (Exekutionsordnung), unless international law or EU legal instruments provide otherwise. The formal requirements for the arbitration agreement are also satisfied if the agreement complies both with section 583 and with the formal requirements under the law governing the arbitration agreement the production...

CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 933/19 P ARCHIVED —this archived case hub reflects the position at the date of the judgment of 24 October 2019; it is no longer maintained. See further, timeline. Case facts Outline Case T- 778/17 Autostrada Wielkopolska v Commission—proceedings seeking to set aside the European Commission’s decision that support granted by Poland to AWSA, the A2 motorway operator, amounted to unlawful aid that must be recovered (Case SA.35356). Latest developments On 24 October 2019, the General Court delivered its judgment, dismissing the action. Parties Applicant: Autostrada Wielkopolska S.A. (AWSA), a Polish undertaking that operated the A2 motorway in Poland Defendant: European Commission Background The aid granted In August 2012, Poland notified the Commission that AWSA had been overcompensated for reduced revenues caused by changes to national rules on toll motorways between 1 September 2005 and 30 June 2011. The excess arose from a 2005...

[ Insert date ] [ Insert ] Employment Tribunal [ Insert address ] To the [ insert ] Employment Tribunal [ Insert name of case, eg X v Y ] Claim Number: [ insert claim number ] Rule 21(1) Application for an extension of time for presenting the response after the time limit has expired We apply on the Respondent’s behalf, under rules 5(7) and 21 of the Employment Tribunal Procedure Rules 2024, SI 2024/1155, for extra time to present the response. [ The Respondent’s draft response is enclosed with this application. OR The Respondent has been unable to attach its draft response because [ insert reasons ]. ] In addition to an extension, the Respondent asks the Tribunal to accept the response and to set aside any judgment entered under rule 22. The Respondent seeks an extension for the following reasons: [ insert reasons, eg: ] [ [ Example 1: ] Although the Tribunal sent the...

Name: [ insert ] Witness statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between: [ Insert party ] Claimant/Respondent and [ Insert party ] Defendant/Applicant [ Number of witness statement eg first ] WITNESS STATEMENT OF [ Insert name of witness ] ON BEHALF OF THE DEFENDANT I, [ name ], of [ address ], say as follows: I am a solicitor of the Senior Courts of England and Wales within the above-named firm. I am responsible for the conduct of this case for the Defendant and have been duly authorised...

Filed on behalf of the Defendant Witness statement of [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] Exhibits referenced: [ insert initials and number of each exhibit referred to ] Statement date: [ insert date ] [ Translation date: [ insert date ] ] Claim number: [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between the parties: [ insert name ] as Claimant/Respondent and [ insert name ] as Defendant/Applicant [ NUMBER OF WITNESS STATEMENT EG FIRST ] witness statement of [ insert name of witness ] Submitted on behalf of the...

This Q&A proceeded on the basis that the life tenant neither arranged for an independent person to read the document to him nor obtained separate legal advice about it...