Hamilton v Al Fayed (No.4)
| Jurisdiction | England & Wales |
| Date | 2001 |
| Year | 2001 |
| Court | Court of Appeal (Civil Division) |
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42 cases
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Martin Raymond Owens v Mark Noble
...and Another [ Unreported 22 November 1999]. He relied also on dicta of the Court of Appeal (Lord Phillips MR, Sedley and Hale LJJ) in Hamilton v Al Fayed [2000] EWCA Civ 3012 where, after citing the passage from Ladd v Marshall which I have quoted above, Lord Phillips continued at paragraph......
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Yeo v Times Newspapers Ltd
...be inferred to be a deduction, inference, conclusion, criticism, remark, observation, etc.": Branson v Bower [2001] EWCA Civ 791, [2001] EMLR 15, [26]. The ultimate determinant is how the words would strike the ordinary reasonable reader: Grech v Odhams Press [1958] 2 QB 275, 313. The sub......
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Michael Johnathan Christopher Oldham v (1) Stephen Katz (acting as joint liquidator of MK Airlines)
...litigation to be determinative of disputes and the desirability that the judicial process should achieve the right result: Hamilton v Al Fayed (No 2) [2001] EMLR 15, [11]; Singh v Habib [2011] EWCA Civ 599, [14]. The principles on which this discretion ought to be exercised are not spelt ou......
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Gohil v Gohil
...on the one hand and, on the other, litigation being determined on the true facts. He quoted from the judgment of Lord Phillips MR in Hamilton v Al Fayed [2001] EMLR 15 (paragraph 11) identifying the tension that exists between "the need for concluded litigation to be determinative of dispu......
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1 firm's commentaries
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Setting Aside A Judgment For Fraud: Applying The Three-limb Test
...test of (a) whether was a real danger that the deception had affected the outcome of the trial (as stated in Hamilton v Al Fayed (No. 2) [2001] EMLR 15), rather than (b) whether the alleged fraud was an operative cause of the court's decision, or the new evidence would have entirely changed......
1 books & journal articles
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Civil Procedure
...based on fraud could choose either to commence a fresh action or apply for a retrial. Referring to the case of Hamilton v Al Fayed (No 2)[2001] EMLR 15, a fresh action is necessary where fresh evidence, introduced to impugn the judgment, was ‘hotly contested’. By ‘hotly contested’, the fres......