For an action making a collateral attack on a previous decision not to be an abuse of process the evidence had to be ‘fresh’ i.e. unavailable at the time of the first hearing, and the ‘new evidence must be such as entirely changes the aspect of the case’
Judges:
Earl Cairns LC
Citations:
(1879) 4 App Cas 801
Cited by:
Cited – Simms v Conlon and Another CA 20-Dec-2006
Solicitors within a practice sued each other, and one wished to plead the fact of a finding of professional misconduct.
Held: The defendant’s appeal succeeded. It was not an abuse for the appellant to continue to assert his innocence, and the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 17 May 2022; Ref: scu.248045
