Rescission of judgments by consent – recent developments and lessons from England and Wales

Abstract

This article contains a critical discussion of the recent developments relating to the rescission of judgments by consent in both the High and magistrates’ courts, the amended periods relating to the retention and removal of adverse information from credit bureaus, and the impact thereof on the South African credit consumer market. The position in relation to the setting aside of judgments in England and Wales is discussed and it is argued that some of these provisions should be incorporated in the South African law. The author concludes that the current, as well as proposed application of the rescission of judgments by consent still has certain shortcomings and that the legislature will have to intervene to ensure a uniform and fair application of the procedure in relation to both credit providers and credit consumers.