Sze Ming Yeung v Jeckz Investment Ltd & Ors
[2024] EWCA Civ 1413
Close Brothers Limited v Rooster Trucking Company Limited & Ors.
17 May 2023
[2023] EWCA Civ 533
Court of Appeal
A man claimed a signature on a document that made him owe a lot of money was faked. The court said he didn't prove it was faked and he should pay the money. They also said he hadn't followed the right steps to get out of paying.
Key Facts
- •Close Brothers Limited (Close) obtained a final charging order against Mr. David Taylor for approximately £396,504.26.
- •The charging order was based on a default judgment against Mr. Taylor for guaranteeing debts of Rooster Trucking Company Limited (Rooster), a company his son directed.
- •Mr. Taylor claimed the guarantee was forged and presented new witness statements and handwriting expert reports supporting this.
- •Previous applications to set aside judgments had been dismissed, including appeals before Fancourt J.
- •Mr. Taylor appealed the Judge's refusal to stay enforcement of the charging order.
Legal Principles
Applications to set aside judgments for fraud require 'conscious and deliberate dishonesty' in relation to material evidence, causatively impacting the court's decision.
Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2020] AC 450 and Royal Bank of Scotland plc v Highland Financial Partners lp [2013] EWCA Civ 328, [2013] 1 CLC 596
Courts are unlikely to re-litigate matters determined through proper court processes unless exceptional circumstances exist, such as evidence of fraud discovered after the judgment.
Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2020] AC 450
A stay of enforcement may be refused at the court's discretion if no application to set aside the judgment has been issued or a proper statement of case provided.
Judge's decision
Outcomes
Appeal dismissed.
The Judge's refusal to stay enforcement was justified on three grounds: lack of a new claim to set aside the judgment, insufficient evidence of fraud with a reasonable prospect of success, and the exercise of discretion.
Application for permission to rely on further evidence dismissed.
The evidence was deemed irrelevant to the sole ground of appeal permitted by Nugee LJ.
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