Hamilton v Al Fayed (No.4)

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
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46 cases
  • Martin Raymond Owens v Mark Noble
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 March 2010
    ...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......
  • Gohil v Gohil
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 March 2014
    ...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......
  • Bernadette Patricia McDaid v Nursing & Midwifery Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 14 February 2014
    ...under those Rules: see Banks v. Cox [2000] LTL 17 July 2000; Hertfordshire Investments Ltd v. Bubb [2000] 1 WLR 2318 at 2325H; and Hamilton v. Al Fayed (No 4) [2001] EMLR 15, where Lord Phillips MR stated that the old cases "remain powerful persuasive authority". These old cases include the......
  • Shahan Salekipour and Another v Jashan Kaur Parmar (in her own right and as executrix of Mohinder Singh Parmar, deceased)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 December 2017
    ...it spreads to and infects the whole body of the judgment." To rely on a somewhat more up-to-date authority, in Hamilton v Al Fayed (No 4) [2001] EMLR 15, para 34(2) Lord Phillips of Worth Matravers MR said: "Where it is clearly established by fresh evidence that the court was deliberately d......
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2 firm's commentaries
1 books & journal articles
  • Civil Procedure
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...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......

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