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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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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