Takhar v Gracefield Developments Ltd & Ors

Takhar v Gracefield Developments Ltd & Ors

The Claimant's signature on the Profit Sharing Agreement was forged by the Defendants, and this forged document was a key part of the contemporaneous evidence relied on by the trial judge in the original action. The forgery was an operative cause of the judgment and thus material. Applying the principles approved by the Supreme Court, the original judgment must be set aside.

Parties
Claimant: Balber Kaur Takhar; First Defendant: Gracefield Developments Limited; Second Defendant: Dr Kewal Singh Krishan; Third Defendant: Mrs Parkash Krishan
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Civil / Judgment After Trial of Action to Set Aside Earlier Judgment for Fraud
Outcome
Judgment for the Claimant; original judgment set aside
Legal Topics
Setting Aside Judgments for Fraud, Forgery, Materiality in Fraud Actions, Agency, Abuse of Process
Civil Procedure Equity and Trusts Contract Law Setting Aside Judgments for Fraud Forgery Materiality in Fraud Actions Agency Abuse of Process

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Parties

Balber Kaur Takhar

Claimant

Gracefield Developments Limited

First Defendant

Dr Kewal Singh Krishan

Second Defendant

Mrs Parkash Krishan

Third Defendant

Procedural Posture

Civil / Judgment After Trial of Action to Set Aside Earlier Judgment for Fraud

Legal Issues

  1. 1 Whether the Claimant's signature on the Profit Sharing Agreement and/or ISV documents was forged
  2. 2 Whether the Defendants were responsible for any forgery
  3. 3 What is the correct test for materiality in setting aside a judgment for fraud

Ratio Decidendi

The Claimant's signature on the Profit Sharing Agreement was forged by the Defendants, and this forged document was a key part of the contemporaneous evidence relied on by the trial judge in the original action. The forgery was an operative cause of the judgment and thus material. Applying the principles approved by the Supreme Court, the original judgment must be set aside.

Court Disposition

Judgment for the Claimant; original judgment set aside

Orders

  • The order made by Judge Purle on 28th July 2010 in action number 8BM30468 in favour of the Defendants is set aside.
  • A fresh trial must take place on the basis of all available evidence.