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Macaulay (Tweeds) Ltd v Independent Harris Tweed Producers Ltd: 1961

The court considered an allegation of non-disclosure in the case of an application to serve proceedings abroad: ‘If the judge is satisfied that there was no intention to deceive and the mis-statement is not grossly negligent, he may think it better not to visit it with a penalty which may fall as heavily on the defendants as on the plaintiffs, since the plaintiffs can, ex hypothesi, make a fresh application which will succeed.’

Judges:

Cross J

Citations:

[1961] RPC 184

Jurisdiction:

England and Wales

Cited by:

CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs

Updated: 04 May 2022; Ref: scu.441572

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