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11 June 2010
Issue: 7421 / Categories: Case law , Law digest
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Evidence

HJ Heinz Co Ltd v EFL Inc (a Company registered in Belize) [2010] EWHC 1203 (Comm), [2010] All ER (D) 01 (Jun)

Where fresh evidence sought to be adduced was material, credible and related to undiscovered material fraud, the test to be applied was whether the fresh evidence had not reasonably been available to the party seeking to rely on it at the time of the relevant hearing.

For the purposes of summary judgment the test for ‘reasonably availability’ was subjective; it was a test of whether the party or solicitors for the party’s behalf had acted reasonably. In a case of concealed fraud (concealed forgery) it might be, particularly where the source of the evidence was contained in the opposite camp, that, upon analysis of the facts an approach more favourable to the party defrauded in respect of what was due diligence or reasonable diligence might be adopted.
 

 

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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
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