Can a case be re-opened after Judgment has been given?

There are certain limited circumstances when a judgment can be set aside and a case re-opened. Applications to re-open a decision are quite rare and are not encouraged by the court process. Nevertheless, there are certain circumstances where in the interests of justice a case has to be re-opened.

When can the Court consider fresh evidence after a Judgment has been given?

In a case from 2019, the wife in divorce proceedings had produced evidence about her housing need and had been seeking a house worth £525,000 which she said would meet her housing needs after the divorce. When she gave her evidence, she gave evidence seeking a more expensive housing need.

After the case was decided she asked for permission to stop the judgment from taking effect whilst she produced evidence which would back up her oral evidence. She was obviously reflecting on her real buying power in the market and was concerned that she had not backed up her oral evidence with valuations of properties she argued met her housing need.

Having heard evidence and considered evidence in supporting of housing the judge did not accept the housing need stated and allowed the wife £412,000 to rehouse. The wife asked for the time to find fresh evidence as to her housing need and the judge allowed this. The husband appealed so it is a decision of the court of appeal that helps us with how to proceed.

How does the Court approach an application to re-open a case?

Firstly, if the case has evidential gaps then the court may decide those gaps need plugging but this has to take place as soon as possible after the hearing or the evidence has been produced.

The court can consider re-opening a case when it considers that a

  • Fraud may have been committed.
  • There has been a failure to disclose material information for example, a hidden bank account or investment of one of the parties that subsequently comes to light.
  • A mistake, where there has been a significant misunderstanding of a piece of evidence.
  • A subsequent important event unforeseeable at the time of the decision.

The appeal court did not find that any of these factor were present and reiterated that cases should not be treated as a dress rehearsal and a further run of the case should not happen if the evidence could have been obtained first-time round.

The court therefore decided that the decision should stand and the order made would take effect.

The rarity of cases where judgments are set aside and cases re-opened therefore remains.

If you would like any further information regarding court proceedings, please get in touch on 01332 364436 or at f.moffat@timms-law.com.