Can a court judgment be set aside?

WHEN CAN A JUDGMENT BE SET ASIDE?

A rescission of judgment is a legal process that allows a party to apply to the court to have a judgment that was granted against them set aside. The term “rescission” refers to the cancellation or reversal of a judgment, which means that the judgment will no longer be in force.

A rescission of judgment is typically sought when a party believes that they have a valid defence to the claim that was made against them, but they were not able to present that defence in court for various reasons. For example, a party may not have been aware of the legal proceedings or may not have been able to attend the court hearing due to illness or other reasons.

In order to apply for a rescission of judgment, the party must demonstrate that there was a reasonable explanation for their failure to defend the claim at the time of the original hearing, and that they have a valid defence to the claim. They must also show that they have a reasonable prospect of success in defending the main claim if the judgment is set aside.

The process of obtaining a rescission of judgment can be complex and will require the assistance of a legal professional. It is important to note that there are strict time limits for making a rescission application, and failure to act promptly could result in the application being dismissed by the court.

A judgment may be set aside in certain circumstances. The following are some of the circumstances in which a judgment may be set aside:

1. Default judgment: If a judgment was granted against you without you being aware of the legal proceedings, you may be able to have the judgment set aside. This is known as a default judgment, and you will need to show that you did not receive proper notification of the legal proceedings.
2. Irregularities in the legal proceedings: If there were irregularities in the legal proceedings that led to the judgment, such as a failure to follow proper legal procedures, you may be able to have the judgment set aside.
3. Error in fact or law: If there was an error in fact or law that led to the judgment, you may be able to have it set aside. This could include a mistake in the interpretation of the law, or incorrect facts presented during the trial.
4. Fraud or misconduct: If the judgment was obtained through fraud or misconduct, you may be able to have it set aside. This could include cases where evidence was fabricated or where a party misled the court.
5. New evidence: If new evidence comes to light after the judgment was granted, you may be able to have it set aside. This evidence must be material and could not have been discovered during the original legal proceedings.

It is important to note that setting aside a judgment is a legal process and can be complex. It is recommended that you seek the advice of qualified legal practitioners such as those at Julies Attorneys Inc. on the specific circumstances of your legal matter.