Bishop v Chhokar

Bishop v Chhokar

The application to reopen the refusal of permission to appeal was granted because the respondent admitted to lying in evidence central to the original judgment, the circumstances were exceptional, and there was no effective alternative remedy due to jurisdictional and procedural difficulties in mounting a fresh action.

Parties
Appellant: Robert Bishop; Respondent: Ravinder Chhokar
Jurisdiction
England and Wales
Judgment Date
30 January 2015
Procedural Posture
Civil Appeal / Application to Reopen Refusal of Permission to Appeal and Grant Permission to Appeal Out of Time
Outcome
Application to reopen refusal of permission to appeal granted; permission to appeal out of time granted.
Legal Topics
Reopening Appeals, Fraud in Evidence, Jurisdiction, Credibility of Witnesses, Remedies for Judgments Obtained by Fraud
Civil Procedure Contract Law Reopening Appeals Fraud in Evidence Jurisdiction Credibility of Witnesses Remedies for Judgments Obtained by Fraud

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Robert Bishop

Appellant

Ravinder Chhokar

Respondent

Procedural Posture

Civil Appeal / Application to Reopen Refusal of Permission to Appeal and Grant Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the refusal of permission to appeal should be reopened under CPR Pt 52.17 due to fraud
  2. 2 Whether there is an effective alternative remedy to reopening the appeal
  3. 3 Whether the original judgment was obtained by fraud due to false evidence

Ratio Decidendi

The application to reopen the refusal of permission to appeal was granted because the respondent admitted to lying in evidence central to the original judgment, the circumstances were exceptional, and there was no effective alternative remedy due to jurisdictional and procedural difficulties in mounting a fresh action.

Court Disposition

Application to reopen refusal of permission to appeal granted; permission to appeal out of time granted.

Orders

  • Order of Jacob LJ dated 30 November 2010 set aside.
  • Permission to appeal the judgment and order of HHJ Knight QC dated 20 July 2010 granted.