BL-2021-002235 - [2025] EWHC 2367 (Ch)

Although the reasons for my decisions were set out in my oral judgment, for reasons which will become apparent it is necessary that I give a short summary here. I held that the application of 13 August 2025, to set aside the declaration of 5 April 2022, was irrelevant to the prosecution of the contempt application and in particular of proceeding to sentence. This was because, even if the 2022 declaration were set aside, that would not have retrospective effect, and breaches of the injunction having been established, they would not be cured by that injunction’s subsequently being set aside. I also held that an application to set aside an existing judgment for fraud had to be brought by a fresh claim rather than an application within the original proceedings, and I referred to a number of authorities which are authority for that proposition. So the application in its current form would fail in any event.