Takhar v Gracefield Developments Ltd

Subject Matter

PRACTICE — Judgment — Application to set aside — Claimant alleging defendants obtaining judgment by fraud — Whether requirement that new evidence could not reasonably have been obtained for original trial

[2015] EWHC 1276 (Ch); [2015] WLR (D) 206, Ch D

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

[2017] EWCA Civ 147; [2018] Ch 1; [2017] 3 WLR 853; [2017] WLR (D) 194, CA

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 evidence not available at original trial — Whether fresh claim to be struck out as abuse of process if evidence could with reasonable diligence have been obtained for original trial

[2019] UKSC 13; [2020] AC 450; [2019] 2 WLR 984; [2019] 3 All ER 283; [2019] WLR (D) 198; Case details, SC(E)

Appellate History

Commentary

Out-Law
Supreme Court judgment offers reassurance to fraud victims Case comment

Blackstones Civil Practice 2023
Review of the Decision Below - Judgment obtained by fraud 75.20