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Setting aside a judgment for fraud (Broomhead v National Westminster Bank plc and another)

Published on: 12 May 2020
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Article summary

Dispute Resolution analysis: In Broomhead, in a summary judgment/strike out application by National Westminster Bank (Natwest) and the Royal Bank of Scotland (RBS) (the banks) and cross application by Mr Broomhead to amend his particulars of claim, the court looked at the relevant test for overturning a judgment on the basis of fraud. The relevant principles are those summarised by Aikens LJ in Royal Bank of Scotland plc v Highland Financial Partners LP [2013] EWCA Civ 328, as approved by the Supreme Court in Takhar v Gracefield Developments Ltd [2019] UKSC 13, being (1) there must have been conscious and deliberate dishonesty (2) the dishonesty must have been material (ie causative of the impugned judgment being obtained in the terms it was) and (3) the question of materiality is to be assessed by the impact of the fresh evidence on the evidence supporting the original decision, not by what the original decision might have been if the...

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