header-logo header-logo

Dishonest litigants

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll