header-logo header-logo

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

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

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll