Roshan v Singh & Ors

Roshan v Singh & Ors

The claim is an abuse of process and lacks a real prospect of success because the evidence of fraud does not satisfy the reasonable diligence test, is not clear or convincing, and the claimant and key witnesses had ample opportunity to raise these issues in prior proceedings but did not.

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
Civil / Application to Strike Out Claim
Outcome
Claim struck out
Legal Topics
Abuse of Process, Fraudulent Judgment, Constructive Trust, Charity Property, Summary Judgment
Civil Procedure Trusts and Charities Abuse of Process Fraudulent Judgment Constructive Trust Charity Property Summary Judgment

Case Brief

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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

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether a non-party can bring proceedings to set aside a judgment obtained by fraud
  2. 2 Whether the claim is properly constituted by the claimant
  3. 3 Whether the proceedings are an abuse of process

Ratio Decidendi

The claim is an abuse of process and lacks a real prospect of success because the evidence of fraud does not satisfy the reasonable diligence test, is not clear or convincing, and the claimant and key witnesses had ample opportunity to raise these issues in prior proceedings but did not.

Court Disposition

Claim struck out

Orders

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