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The High Court set aside a fraud judgment against Outlook Finance and Mr Butcher, ordered a retrial, made consequential costs and repayment orders, and granted permission to appeal on one issue.
Estate of Euan McIntyre Lindsay (Deceased) & Anor v Outlook Finance Ltd & Anor [2025] EWHC 3100 (KB) (26 November 2025)
The High Court set aside a 2014 Manchester judgment for fraud by Outlook’s director, but also held the claim against the receiver could be reopened despite his innocence.
The High Court set aside a 2014 Manchester judgment for fraud and ordered a retrial against Outlook Finance and Mr Butcher, rejecting laches and abuse arguments.
The claim against the Lawyer Defendants is struck out in its entirety because they are immune from suit for actions taken as advocates and witnesses in prior litigation, including allegations of fraud and conspiracy. The immunity is a threshold bar and is not lost by allegations of dishonesty. Further, the claim discloses no reasonable grounds for alleging fraud, is inadequately pleaded, and constitutes an abuse of process as a concealed appeal of issues already determined.
Source excerpt
The appeal was dismissed because Mr Taylor had not issued a claim to set aside the default judgment for fraud, had not provided a properly particularised case, and the evidence adduced did not demonstrate a strong or credible case of fraud. The court found the allegations of forgery lacked conviction, were inconsistent with earlier positions, and were commercially implausible. The judge's exercise of discretion to refuse a stay was upheld.
Source excerpt
Retrial after a fraud set-aside concerning property transfers, undue influence, resulting trust, and unlawful means conspiracy in the Takhar litigation.
Ras Al Khaimah Investment Authority v Azima [2022] EWHC 2980 (Ch) (22 November 2022)
On remittal, the High Court refused permission to appeal on jurisdiction but granted permission on abuse of process in a fraud-based counterclaim dispute.
On remittal, the High Court refused permission to appeal on jurisdiction but allowed an appeal on abuse of process over a proposed fraud counterclaim.
The High Court allowed Mr Azima to add a fraud counterclaim seeking to set aside earlier judgments, holding the court had jurisdiction and the claim was not abusive.
Ras Al Khaimah Investment Authority v Farhad Azima [2022] EWHC 2727 (Ch) (01 November 2022)
The High Court refused permission to add a fraud counterclaim seeking to set aside an earlier judgment, holding the application was abusive and failed the materiality test.
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