Dale v Banga & Ors [2021] EWCA Civ 240 (24 February 2021)

Dale v Banga & Ors [2021] EWCA Civ 240 (24 February 2021)

The new evidence relied upon by Mrs Dale was insufficient to meet the threshold for remitting the fraud issue to the lower court. The evidence was tangential, post-dated the relevant events, and did not directly relate to the factual issues before the trial judge. It was not capable of showing that the judgment was obtained by fraud. Even if the threshold were met, it would not be expedient or proportionate to remit the issue, given the retirement of the trial judge and the nature of the allegations. The appeal was therefore dismissed.

Citation
[2021] EWCA Civ 240
Parties
Appellant: Paramjit Dale; First Respondent: Ravindar Banga; Second Respondent: Rinku Kaur Banga; Third Respondent: Third Respondent (name not specified)
Jurisdiction
England and Wales
Judgment Date
24 February 2021
Procedural Posture
Civil Appeal / Appeal From Chancery Division, Post Trial, With Application to Admit Fresh Evidence and Set Aside Judgment for Alleged Fraud
Outcome
Appeal dismissed
Legal Topics
Setting Aside Judgments for Fraud, Admissibility of Fresh Evidence on Appeal, Probate—validity of Wills, Finality of Litigation
Civil Procedure Probate Fraud Setting Aside Judgments for Fraud Admissibility of Fresh Evidence on Appeal Probate—validity of Wills Finality of Litigation

Case Brief

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Parties

Paramjit Dale

Appellant

Ravindar Banga

First Respondent

Rinku Kaur Banga

Second Respondent

Third Respondent (name not specified)

Third Respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Post Trial, With Application to Admit Fresh Evidence and Set Aside Judgment for Alleged Fraud

Legal Issues

  1. 1 Whether fresh evidence of post-trial criminal convictions and alleged dishonesty is capable of showing that the original judgment was obtained by fraud
  2. 2 Whether the issue of fraud should be remitted to the lower court for determination or require a separate action
  3. 3 Whether, if fraud is proved, the previous will should be admitted to probate based on the original judge's obiter dicta

Ratio Decidendi

The new evidence relied upon by Mrs Dale was insufficient to meet the threshold for remitting the fraud issue to the lower court. The evidence was tangential, post-dated the relevant events, and did not directly relate to the factual issues before the trial judge. It was not capable of showing that the judgment was obtained by fraud. Even if the threshold were met, it would not be expedient or proportionate to remit the issue, given the retirement of the trial judge and the nature of the allegations. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Application to remit the fraud issue to the lower court refused
  • No order for a conditional admission of the November 2012 Will to probate