- Cited — Close Brothers Limited v Rooster Trucking Company Limited & Ors. 2023-05-17
“…rs by fraud” (paragraph 47). In that connection, the Judge cited, among other things, the decision of the Supreme Court in Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2020] AC 450. The Judge noted at paragraph 56 that Lord Kerr, with whom Lords Hodge, Lloyd-Jones and Kitchin agreed, had there accepted at paragraphs 56 and …”
- Cited — Rasal Khaimah Investment Authority v Farhad Azima & Ors 2023-05-15
“…gment or of a trial of the fraud issue within the existing action. At [136], it cited the decision of the Supreme Court in Takhar v Gracefield Developments Ltd [2019] UKSC 13; [2020] AC 450 (hereafter “Takhar”) and, at [138]-[139], the judgment of Asplin LJ in Dale v Banga [2021] EWCA Civ 240. The Court of Appeal then noted that Mr …”
- Cited — J (Children: Reopening Findings of Fact) 2023-04-28
“…[2019] UKSC 13, [2020] AC 450.…”
- Considered — Goddard-Watts v Goddard-Watts 2023-02-15
“…o the husband’s fraud when considering the approach to take in determining the wife’s restored financial relief application; see TakharvGracefield Developments [2019] UKSC 13. Consequently, in that he wrongly isolated the wife’s interest in CBA by reference to the tainted orders made in 2010 and 2016, the husband benefitted from the…”
- Cited — Goddard-Watts v Goddard-Watts 2023-02-15
“… (per Lord Brunswick in Hip Foong Hong v H Neroira & Co [1918] AC 888 at 894, cited with approval recently by Lord Kerr in Takhar v Gracefield Developments Ltd [2019] UKSC 13; [2020] AC 450 at [45]). However, this broad mantra needs to be treated with caution in the present context. As the judgments in Kingdon and Sharland themselve…”
- Approved — David Greene v David Davies 2022-03-29
“…Financial Partners LP [2013] EWCA Civ 328, [2013] 1 CLC 596 in a passage at paragraph 106 approved by the Supreme Court in Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2020] AC 450 (see paragraphs 56, 57 and 67):…”
- Considered — Zakia Sultana v Secretary of State for the Home Department 2021-12-09
“…The consequence of a judgment in civil proceedings having been obtained by fraud was considered by the Supreme Court in Takhar v Gracefields Development[2019] UKSC 13. Mrs Takhar claimed that she had transferred her interest in some properties to Gracefields as a result of undue influence and unconscionable conduct on the pa…”
- Cited — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2020] AC 450 was a case about a fresh action to set aside a judgment on the ground that it was procured by fraud. Fraud had not been alleged in the first act…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…[2019] UKSC 13, [2020] AC 450.…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…CA Civ 1217, [1999] QB 18 which provides some support for the first submission. Relying on the Supreme Court’s decision in Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2020] AC 450 and on Meek v Fleming, Mr de Mestre took issue with the second of these propositions, and perhaps with the first, and submitted that the first c…”