The bank had obtained judgment in St Vincent to recover a loan. It now sought to register the judgment here for enforcement. The defendant wanted to argue that the judgment had been obtained by fraud, and to resist registration of the judgment. The bank said that to raise the objection, the defendant had first to bring new evidence.
Held: Section 9(2)(d) ws intended to reflect the common law position. There was no requirement that the evidence be fresh. ‘Fraud unravels everything’; A judgment obtained by fraud was set aside despite the existence of evidence pre-existing the fraud to support the claim.
Lord Bridge of Harwich
Gazette 17-Jun-1992, [1992] 2 WLR 621, [1992] 2 AC 443
Administration of Justice Act 1920 9(2)(d)
England and Wales
Cited by:
Cited – Rubin and Another v Eurofinance Sa and Others SC 24-Oct-2012
The Court was asked ‘whether, and if so, in what circumstances, an order or judgment of a foreign court . . in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue, will be recognised and enforced in . .
Cited – Takhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, International
Updated: 21 January 2022; Ref: scu.84499