Bhandal v Revenue and Customs & Anor [2025] EWHC 1511 (Ch) (18 June 2025)
The claimant failed to prove, on the evidence, that the warrant of arrest dated 18 July 2001 was a forgery or that the information was not laid before the magistrates' court. The court found that the evidence supported the defendants' case that the warrant was issued as claimed. The claimant's allegations of fraud were not established to the requisite standard. Further, even if fraud had been established, it was not material to the outcome of the prior proceedings, as the existence or otherwise of the warrant did not affect the decisions made. The proceedings were also found to be an abuse of process, as the claimant had previously pursued statutory compensation on the basis of the...
- Citation
- [2025] EWHC 1511 (Ch)
- Parties
- Claimant: Baljit Singh Bhandal; First Defendant: His Majesty's Revenue & Customs; Second Defendant: Stephen Frederick Broad
- Jurisdiction
- England and Wales
- Judgment Date
- 18 June 2025
- Procedural Posture
- Civil Fraud/set Aside Judgment / Final Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Setting Aside Judgments for Fraud, Abuse of Process, Forgery, Statutory Compensation, Restraint Orders, Criminal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Baljit Singh Bhandal
Claimant
His Majesty's Revenue & Customs
First Defendant
Stephen Frederick Broad
Second Defendant
Procedural Posture
Civil Fraud/set Aside Judgment / Final Judgment After Trial
Legal Issues
- 1 Whether the warrant of arrest issued on 18 July 2001 was a forgery
- 2 Whether judgments/orders in prior proceedings were procured by fraud
- 3 Whether the proceedings are an abuse of process
Ratio Decidendi
The claimant failed to prove, on the evidence, that the warrant of arrest dated 18 July 2001 was a forgery or that the information was not laid before the magistrates' court. The court found that the evidence supported the defendants' case that the warrant was issued as claimed. The claimant's allegations of fraud were not established to the requisite standard. Further, even if fraud had been established, it was not material to the outcome of the prior proceedings, as the existence or otherwise of the warrant did not affect the decisions made. The proceedings were also found to be an abuse of process, as the claimant had previously pursued statutory compensation on the basis of the...
Court Disposition
Claim dismissed
Orders
- All claims by the claimant are dismissed.
- No orders setting aside previous judgments or orders.
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