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Supreme Court—setting aside judgments for fraud and reasonable diligence (Takhar v Gracefield Developments)

Supreme Court—setting aside judgments for fraud and reasonable diligence (Takhar v Gracefield Developments)
Published on: 20 March 2019
Published by: LexisPSL
  • Supreme Court—setting aside judgments for fraud and reasonable diligence (Takhar v Gracefield Developments)
  • 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 Supreme Court has held that where a party brings a fresh action to set aside a judgment on the grounds it was obtained by fraud, they do not have to demonstrate that the evidence of the fraud could not have been obtained with reasonable diligence in advance of the earlier trial. Therefore, the fact that it was only after the trial at which judgment had been given against her, that Mrs Takhar obtained expert evidence demonstrating that a document said to have been signed by her, relied on by the respondents in the earlier trial, had been forged, did not preclude her from now applying to set aside that judgment on the grounds of fraud. or take a trial to read the full analysis.

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