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19 March 2010
Issue: 7409 / Categories: Case law , Law digest
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Damages

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

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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