Baljit Singh Bhandal v His Majesty's Revenue & Customs & Anor

Baljit Singh Bhandal v His Majesty's Revenue & Customs & Anor

The present action is not, per se, an impermissible collateral attack on previous decisions, as actions to set aside judgments for fraud are permitted exceptions to the finality principle. However, the question of whether the claimant's prior election not to pursue fraud bars the present action is not sufficiently articulated or established and may require determination as a preliminary issue. The plea of 'nullity' is legally unsustainable and is struck out.

Parties
Claimant/respondent: Baljit Singh Bhandal; Defendant/applicant: His Majesty's Revenue & Customs; Defendant/applicant: Stephen Frederick Broad
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Application to Strike Out Action as Abuse of Process
Outcome
No order on the strike-out application; plea of nullity struck out.
Legal Topics
Abuse of Process, Collateral Attack, Fraudulent Procurement of Judgment, Estoppel, Election, Compensation Under Criminal Justice Act 1988
Civil Procedure Fraud Compensation Abuse of Process Collateral Attack Fraudulent Procurement of Judgment Estoppel Election +1 more

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Parties

Baljit Singh Bhandal

Claimant/respondent

His Majesty's Revenue & Customs

Defendant/applicant

Stephen Frederick Broad

Defendant/applicant

Procedural Posture

Civil / Application to Strike Out Action as Abuse of Process

Legal Issues

  1. 1 Whether the present action is an impermissible collateral attack on previous judgments
  2. 2 Whether previous judgments were procured by fraud
  3. 3 Whether the claim is barred by election or estoppel

Ratio Decidendi

The present action is not, per se, an impermissible collateral attack on previous decisions, as actions to set aside judgments for fraud are permitted exceptions to the finality principle. However, the question of whether the claimant's prior election not to pursue fraud bars the present action is not sufficiently articulated or established and may require determination as a preliminary issue. The plea of 'nullity' is legally unsustainable and is struck out.

Court Disposition

No order on the strike-out application; plea of nullity struck out.

Orders

  • The plea of nullity is struck out as legally unsustainable.
  • Directions for a preliminary issue on election/abuse may be given at a consequentials hearing.