Forging Documents In Litigation Constituted An Unlawful Means Conspiracy (Takhar V Gracefield Developments Ltd And Others)

Dispute Resolution analysis: Having set aside an earlier judgment on the basis that the claim had been defeated by a forged document, the Claimant was able to use that same forgery to found a successful new claim for unlawful means conspiracy.

Takhar v Gracefield Developments Ltd and others [2024] EWHC 1714 (Ch)

What are the practical implications of this case?

Whilst this is undoubtedly an extreme and unusual case, it is interesting insofar as it considers comprehensively the potential consequences of forgery being used in the course of proceedings. In particular, it demonstrates not only that any judgment obtained by the deployment of a forged document may be set aside on the grounds of fraud, the forgery itself and its use in proceedings can give rise to a separate cause of action for unlawful means conspiracy. Furthermore, the findings of forgery in the set aside proceedings may give rise to an issue estoppel which effectively binds the Court and the