The Weekly Law Reports
[2019] 2 WLR 984
Supreme Court
Takhar v Gracefield Developments Ltd and others
[2019] UKSC 13
2018 Oct 10;
2019 March 20
2019 March 20
Lord Kerr of Tonaghmore, Lord Hodge, Lord Lloyd-Jones, Lord Briggs, Lady Arden, Lord Kitchin JJSC, Lord Sumption
Judgment— Action to set aside— Allegation that judgment fraudulently obtained— Judge giving judgment for defendants— Claimant subsequently bringing fresh claim seeking to have judgment set aside on grounds fraudulently obtained— Claimant relying on fresh evidence not available at original trial— Whether fresh claim to be struck out as abuse of process if fresh evidence could with reasonable diligence have been obtained for original trial