Fresh evidence of fraud after trial—what is the right approach? (Dale v Banga)

Article summary

Dispute Resolution analysis: The Court of Appeal has considered the correct course of action for an appeal court where fresh evidence of fraud is adduced after trial that allegedly shows the judgment at first instance was obtained by fraud. In particular, it has provided guidance on the threshold test for a judgment being set aside and the method by which this should be achieved. In this case, the fraud relied upon was the conduct, after trial, of a witness and party to the underlying litigation. The conduct was unrelated to the issues before the court and ultimately was found to be insufficient to meet the threshold test. The appeal court also considered whether, in cases such as this, the appropriate procedure was to commence a new action to set aside the judgment or (as in this case) appeal against the original order. Written by Harriet Campbell, professional support lawyer at Stephenson Harwood LLP.