Smoke and errors—judgment set aside for fraud (Takhar v Gracefield Developments Ltd)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: The High Court has set aside a previous judgment after concluding the original decision was based on a forged document. The court was presented with expert handwriting evidence showing that the claimant’s signature on a key contractual document had in fact been copy-pasted from a piece of correspondence. The judgment confirmed the test for materiality as a condition for setting aside a judgment on the grounds of fraud was as set out by Lord Justice Aikens in Royal Bank of Scotland plc v Highland Financial Partners LP and held that the forged document materially affected the original trial judge’s decision. Written by Natalie Todd, partner, and Anastasia Tropsha, trainee solicitor, at PCB Litigation LLP.