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05 November 2009 / Gareth Keillor , Stuart Paterson
Issue: 7392 / Categories: Features , Procedure & practice
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Dishonest litigants

What options do you have when your opponent fabricates evidence? Stuart Paterson & Gareth Keillor

The Court of Appeal decision in Arrow Nominees v Blackledge [2000] 2 BCLC 167 is the first to consider in any detail the proper response to the dishonest conduct of litigation.

Arrow Nominees (AN) had a minority shareholding in a company called Bodycare (Health & Beauty) Limited which was managed by Blackledge (the majority shareholder). AN brought a petition alleging unfairly prejudicial conduct by Blackledge.

During the course of proceedings, a challenge was made to the authenticity of six letters disclosed by AN. AN’s then solicitors admitted (three months before trial) that these letters were “not authentic”.

The individual in control of AN (Nigel Tobias) later admitted that he had forged them. Blackledge applied to strike out the petition. The application was refused on the basis that there was no jurisdiction to strike out unless there was a substantial risk that there could not be a fair trial. The judge held that there was no evidence of such

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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