Setting aside a judgment for fraud: applying the three-limb test

In a recent decision the Court of Appeal has analysed how a court should apply the established test as to when a judgment should be set aside on the basis of fraud: Tinkler v Esken Ltd [2023] EWCA Civ 655. Despite the traditional adage that “fraud unravels all”, an unsuccessful litigant must do more than merely produce evidence … Read more

High Court decision on the admissibility of improperly obtained evidence

A recent High Court decision serves as a reminder that there is no strict rule excluding evidence that is improperly obtained, and that in circumstances where the evidence is relevant, has probative value, and does not impact the fairness of the litigation, the courts are inclined to admit the evidence: Mustard v Flower [2019] EWHC 2623 … Read more