Dale v Banga & Ors

Dale v Banga & Ors

The new evidence relied upon by the appellant is tangential, post-dates the events in issue, and is insufficient to meet the threshold for showing that the judgment was obtained by fraud. It does not directly relate to the factual matters before the trial judge nor does it show that any perjury was procured or knowingly relied upon by a party. Therefore, the threshold for remitting the issue of fraud to the lower court is not met, and the appeal is dismissed.

Parties
Appellant: Paramjit Dale; First Respondent: Ravindar Banga; Second Respondent: Rinku Kaur Banga; Third Respondent: Third Respondent (grandchild of deceased)
Jurisdiction
England and Wales
Judgment Date
24 February 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment; Application to Admit Fresh Evidence and Set Aside Judgment for Alleged Fraud
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgment for Fraud, Admissibility of Fresh Evidence on Appeal, Finality of Litigation, Probate—validity of Will Revocation
Probate Civil Procedure Setting Aside Judgment for Fraud Admissibility of Fresh Evidence on Appeal Finality of Litigation Probate—validity of Will Revocation

Case Brief

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Parties

Paramjit Dale

Appellant

Ravindar Banga

First Respondent

Rinku Kaur Banga

Second Respondent

Third Respondent (grandchild of deceased)

Third Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment; Application to Admit Fresh Evidence and Set Aside Judgment for Alleged Fraud

Legal Issues

  1. 1 Whether fresh evidence post-trial is capable of showing the judgment was obtained by fraud
  2. 2 Whether the issue of fraud should be remitted to the lower court or be the subject of a separate action
  3. 3 If fraud is proved, whether a previous will should be admitted to probate

Ratio Decidendi

The new evidence relied upon by the appellant is tangential, post-dates the events in issue, and is insufficient to meet the threshold for showing that the judgment was obtained by fraud. It does not directly relate to the factual matters before the trial judge nor does it show that any perjury was procured or knowingly relied upon by a party. Therefore, the threshold for remitting the issue of fraud to the lower court is not met, and the appeal is dismissed.

Court Disposition

Appeal dismissed