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11 June 2010
Issue: 7421 / Categories: Case law , Law digest
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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.
 

 

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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