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Harder to show judgment obtained by fraud where fresh evidence indirect (Court of Appeal)
Practical Law UK Legal Update Case Report w-029-9372 (Approx. 6 pages)
Harder to show judgment obtained by fraud where fresh evidence indirect (Court of Appeal)
In Dale v Banga and others [2021] EWCA Civ 240, the Court of Appeal provided guidance on the correct approach for an appeal court to take to fresh evidence adduced after a trial, which allegedly showed that the judgment in the lower court had been obtained by fraud; and provided a reminder that it is more difficult to demonstrate that the earlier judgment was obtained by fraud, using indirect evidence of fraud, from which inferences have to be drawn.
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Resource ID w-029-9372© 2024 Thomson Reuters. All rights reserved.
Published on 03-Mar-2021
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales