header-logo header-logo

Damages

19 March 2010
Issue: 7409 / Categories: Case law , Law digest
printer mail-detail

Noble v Owens [2010] EWCA Civ 224, [2010] All ER (D) 87 (Mar)

Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled, that court would only allow the appeal and order a re-trial where the fraud was either admitted or the evidence was incontrovertible. In any other case the issue of fraud had to be determined before a judgment of a court of first instance could be set aside.

The normal rule in accident cases was that the sum of damages fell to be assessed once and for all at the time of the hearing, if further evidence as to new events was too easily admitted there would be no finality in litigation. The need for finality was a well established principle in English law, however exceptions arose where justice conflicted with that principle. The first exception was the power of the court to review fresh evidence if certain conditions were fulfilled.

The second exception arose in the context of a challenge to an

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll