Malhan v Malhan [2001] EWCA Civ 613 (27 March 2001)

The particulars of claim do not sufficiently allege that the funds used to purchase 198 Martindale Road were those claimed as contributions to 816 Great West Road, and the claim is speculative. The proceedings are an abuse of process and must be struck out.

Citation: [2001] EWCA Civ 613
Parties: Applicant: Surinder Kumar Malhan; Respondent: Iris Malhan
Jurisdiction: England and Wales
Judgment Date: 27 March 2001
Procedural Posture: Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome: application dismissed, with leave to submit amended statement of case within 21 days
Legal Topics: Abuse of Process, Fraud on the Court, Non Disclosure of Material Facts, Setting Aside Judgments

Civil Procedure Property Law Abuse of Process Fraud on the Court Non Disclosure of Material Facts Setting Aside Judgments

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3

Parties

Surinder Kumar Malhan

Applicant

Iris Malhan

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

1 Whether the proceedings to set aside the 1988 judgment for alleged fraud and non-disclosure by the respondent constitute an abuse of process
2 Whether the alleged non-disclosure of ownership of 198 Martindale Road by the respondent would have materially affected the outcome of the 1988 proceedings
3 Whether the particulars of claim sufficiently allege that the funds used to purchase 198 Martindale Road were those claimed as contributions to 816 Great West Road

Ratio Decidendi

Court Disposition

application dismissed, with leave to submit amended statement of case within 21 days

Orders

Application for permission to appeal dismissed.
Order to lie in the office for 21 days.