Roshan v Singh & Ors [2017] EWHC 176 (Ch) (13 February 2017)

Roshan v Singh & Ors [2017] EWHC 176 (Ch) (13 February 2017)

The claim is an abuse of process because the claimant and key witnesses had the opportunity to raise the alleged trust and fraud issues in the original proceedings but did not do so; the fresh evidence does not satisfy the reasonable diligence test nor is it credible or likely to have changed the outcome; allowing the claim would be manifestly unfair to the defendants and bring the administration of justice into disrepute.

Citation
[2017] EWHC 176 (Ch)
Parties
Claimant: Kulwinder Singh Roshan; First Defendant: Sohan Singh; Second Defendant: Jaswant Singh Bharj; Third Defendant: Amrik Kaur Bharj; Fourth Defendant: Her Majesty's Attorney General
Jurisdiction
England and Wales
Judgment Date
13 February 2017
Procedural Posture
Application to Strike Out Claim / High Court (chancery Division) Decision on Strike Out Application
Outcome
Claim struck out
Legal Topics
Abuse of Process, Fraudulent Judgments, Constructive Trusts, Charity Property, Summary Judgment, Rescission of Judgment, Limitation, Laches
Civil Procedure Trusts and Charities Abuse of Process Fraudulent Judgments Constructive Trusts Charity Property Summary Judgment Rescission of Judgment +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Kulwinder Singh Roshan

Claimant

Sohan Singh

First Defendant

Jaswant Singh Bharj

Second Defendant

Amrik Kaur Bharj

Third Defendant

Her Majesty's Attorney General

Fourth Defendant

Procedural Posture

Application to Strike Out Claim / High Court (chancery Division) Decision on Strike Out Application

Legal Issues

  1. 1 Whether a non-party can set aside a judgment for fraud
  2. 2 Whether the claim is an abuse of process
  3. 3 Whether the claim has a real prospect of success

Ratio Decidendi

The claim is an abuse of process because the claimant and key witnesses had the opportunity to raise the alleged trust and fraud issues in the original proceedings but did not do so; the fresh evidence does not satisfy the reasonable diligence test nor is it credible or likely to have changed the outcome; allowing the claim would be manifestly unfair to the defendants and bring the administration of justice into disrepute.

Court Disposition

Claim struck out

Orders

  • The claim is struck out as an abuse of process and/or having no real prospect of success.