Takhar v Gracefield Developments Ltd & Ors [2015] EWHC 1276 (Ch) (06 May 2015)

Takhar v Gracefield Developments Ltd & Ors [2015] EWHC 1276 (Ch) (06 May 2015)

The proceedings are not abusive or unsustainable at this interlocutory stage because there is a real prospect that the claimant can satisfy the requirements for setting aside a judgment for fraud, and the amendment to add conspiracy/deceit should be permitted as the limitation defence is arguable but not clear-cut. The claim should proceed to trial.

Citation
[2015] EWHC 1276 (Ch)
Parties
Claimant: Balber Kaur Takhar; Defendant: Gracefield Developments Limited; Defendant: Dr Kewal Singh Krishan; Defendant: Mrs Parkash Krishan
Jurisdiction
England and Wales
Judgment Date
06 May 2015
Procedural Posture
Civil Chancery / Interlocutory Application and Preliminary Issue Determination
Outcome
Claim allowed to proceed to trial; permission to amend particulars of claim granted.
Legal Topics
Setting Aside Judgments for Fraud, Abuse of Process, Limitation of Actions, Conspiracy and Deceit, Res Judicata, Amendment of Pleadings
Civil Procedure Equity and Trusts Property Law Setting Aside Judgments for Fraud Abuse of Process Limitation of Actions Conspiracy and Deceit Res Judicata +1 more

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Parties

Balber Kaur Takhar

Claimant

Gracefield Developments Limited

Defendant

Dr Kewal Singh Krishan

Defendant

Mrs Parkash Krishan

Defendant

Procedural Posture

Civil Chancery / Interlocutory Application and Preliminary Issue Determination

Legal Issues

  1. 1 Whether the proceedings to set aside a prior judgment for fraud are abusive or unsustainable
  2. 2 Whether the claimant should be permitted to amend her particulars of claim to add conspiracy/deceit
  3. 3 Whether a judgment can be set aside for fraud where the evidence could have been discovered with reasonable diligence before the original trial

Ratio Decidendi

The proceedings are not abusive or unsustainable at this interlocutory stage because there is a real prospect that the claimant can satisfy the requirements for setting aside a judgment for fraud, and the amendment to add conspiracy/deceit should be permitted as the limitation defence is arguable but not clear-cut. The claim should proceed to trial.

Court Disposition

Claim allowed to proceed to trial; permission to amend particulars of claim granted.

Orders

  • Claim not struck out as abusive or unsustainable.
  • Permission granted to amend particulars of claim to add conspiracy/deceit, subject to limitation being arguable at trial.