THE COURT OF APPEAL CAN RE-OPEN A DECISION TO REFUSE PERMISSION TO APPEAL WHEN IT IS ALLEGED THE JUDGMENT WAS OBTAINED BY FRAUD

In Bishop -v- Chhokar [2015] EWCA Civ 24 the Court of Appeal decided that it had jurisdiction to re-open an order refusing permission to appeal when it was alleged that a judgment was obtained by fraud.

THE CASE

The respondent (Mr Chhokar) had obtained judgment after a trial.  The trial depended on the issue of credibility and the judge decided that issue in the respondent’s favour. The appellant sought permission to appeal that judgment. The application for permission was refused by the single judge in the Court of Appeal as being an attempt to re-open the issue of credibility and being “totally without merit”

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