The applicant was the widow of the former partner of the respondent. She claimed that his right to purchase her late husband’s share of the partnership was to be on payment for the goodwill. When a copy of the deed was produced, she challenged it in various actions, on various grounds, and also alleged negligence against the solicitors who drew it for failing to protect her interests. She claimed to have herself found a copy of the deed, which demonstrated fraud on the part of the defendant in obtaining the judgment in an earlier action. For various reasons, the court found the new copy deed to be not credible, and that it should not be admitted. Her appeal failed.
Judges:
Lord Justice Simon Morritt, Lord Justice Phillips
Citations:
[1997] EWCA Civ 1104
Jurisdiction:
England and Wales
Litigation Practice
Updated: 05 November 2022; Ref: scu.141500