Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
England and Wales decisions
Decisions matching the current search
The claimant failed to establish the existence of new evidence, conscious and deliberate dishonesty, or materiality as required to set aside the prior judgments for fraud. The claims were totally without merit, time-barred, and abusive, warranting summary judgment and strike out against both defendants.
Source excerpt
The present action is not, per se, an impermissible collateral attack on previous decisions, as actions to set aside judgments for fraud are permitted exceptions to the finality principle. However, the question of whether the claimant's prior election not to pursue fraud bars the present action is not sufficiently articulated or established and may require determination as a preliminary issue. The plea of 'nullity' is legally unsustainable and is struck out.
Source excerpt
Bhandal v HM Revenue & Customs & Anor [2023] EWHC 1498 (Ch) (21 June 2023)
The High Court struck out a fraud-based challenge as an abuse of process, holding the claim was an impermissible collateral attack on earlier judgments.
The High Court dismissed applications for proprietary and freezing injunctions, finding no good arguable case that alleged fraud was material to the earlier judgment.
Odyssey Re (London) Ltd & Anor v OIC Run-Off Ltd [2000] EWCA Civ 71 (13 March 2000)
The Court of Appeal allowed an appeal, finding perjury by a key witness and holding that the resulting judgment in the first action should be set aside for fraud.
Explore more
