header-logo header-logo

05 November 2009 / Gareth Keillor , Stuart Paterson
Issue: 7392 / Categories: Features , Procedure & practice
printer mail-detail

Dishonest litigants

What options do you have when your opponent fabricates evidence? Stuart Paterson & Gareth Keillor

The Court of Appeal decision in Arrow Nominees v Blackledge [2000] 2 BCLC 167 is the first to consider in any detail the proper response to the dishonest conduct of litigation.

Arrow Nominees (AN) had a minority shareholding in a company called Bodycare (Health & Beauty) Limited which was managed by Blackledge (the majority shareholder). AN brought a petition alleging unfairly prejudicial conduct by Blackledge.

During the course of proceedings, a challenge was made to the authenticity of six letters disclosed by AN. AN’s then solicitors admitted (three months before trial) that these letters were “not authentic”.

The individual in control of AN (Nigel Tobias) later admitted that he had forged them. Blackledge applied to strike out the petition. The application was refused on the basis that there was no jurisdiction to strike out unless there was a substantial risk that there could not be a fair trial. The judge held that there was no evidence of such a risk, but that if further evidence of impropriety emerged

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll