header-logo header-logo

11 June 2010
Issue: 7421 / Categories: Case law , Law digest
printer mail-detail

Evidence

HJ Heinz Co Ltd v EFL Inc (a Company registered in Belize) [2010] EWHC 1203 (Comm), [2010] All ER (D) 01 (Jun)

Where fresh evidence sought to be adduced was material, credible and related to undiscovered material fraud, the test to be applied was whether the fresh evidence had not reasonably been available to the party seeking to rely on it at the time of the relevant hearing.

For the purposes of summary judgment the test for ‘reasonably availability’ was subjective; it was a test of whether the party or solicitors for the party’s behalf had acted reasonably. In a case of concealed fraud (concealed forgery) it might be, particularly where the source of the evidence was contained in the opposite camp, that, upon analysis of the facts an approach more favourable to the party defrauded in respect of what was due diligence or reasonable diligence might be adopted.
 

 

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll