Source: All England Reporter
Publisher Citation: [2002] All ER (D) 242 (Jan)
Court: Chancery Division

Lloyd J

Representation Jonathan Middleburgh (instructed by Camillins) for the defendant.
  The claimant did not appear and was not represented.
Judgment Dates: 28 January 2002


Evidence - Fresh evidence - Appeal - Application to High Court for new trial - Defendant discovering fresh evidence after original trial - Evidence questioning credibility of claimant - Whether appeal should be allowed.

The Case

The defendant appealed against the finding that he was liable to pay the claimant sums due under a guarantee, despite the fact that the claimant had fabricated certain documents. The appeal was dismissed on the basis that the emergence of fresh evidence going against the claimant's credibility would not have made any material difference to the trial judge's approach to the matter.

Practice Areas

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