There had been litigation between the two companies previously. The general manager and director had given evidence which was accepted by the judge and again on appeal. After his death and in other proceedings it became clear that he had perjured himself. The applicant sought to have the judgment set aside. Since the company could not itself give evidence, the question was whether the evidence of the director was that of the company allowing the judgment to be set aside. One question was the extent of his involvement in the preparation of the case. The test was described: ‘The rule on which this court acted in Boswell v Coaks, which I have held to continue to be the law, is that the fraud or perjury must be that of the party himself, or at least be suborned by or knowingly relied on by that party.’
Citations:
Times 17-Mar-2000, Gazette 30-Mar-2000, [2000] EWCA Civ 71
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Odyssey Re (London) Ltd (Formerly Sphere Drake Insurance Plc) and Another v OIC Run-Off Ltd (Formerly Orion Insurance Co Plc) Admn 15-Feb-2000
. .
Cited by:
Cited – Cinpres Gas Injection Ltd v Melea Ltd ChD 9-Oct-2006
The claimant had sought a declaration as to the ownership of a patent, and now said that a witness had procured his earlier judgment by perjury. The witness now said that he had formed his statement against a feeling of oppression by the threat of a . .
Lists of cited by and citing cases may be incomplete.
Company, Litigation Practice
Updated: 31 May 2022; Ref: scu.147104
