Hamilton v Al Fayed (No.4)
| Jurisdiction | England & Wales |
| Date | 2001 |
| Year | 2001 |
| Court | Court of Appeal (Civil Division) |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
51 cases
-
Martin Raymond Owens v Mark Noble
...for retrial. That should be done, apparently even if the new evidence suggests that a deceit was practised on the court below: see Hamilton v Al Fayed. On the other hand, Jonesco suggests that, where it is alleged that there was deceit in the court below, the proper course is to leave the a......
-
William Andrew Tinkler v Esken Ltd (formerly Stobart Group Ltd)
...and came to its decision”. The judge ought to have applied the test adumbrated by Lord Phillips MR in Hamilton v. Al Fayed (No. 2) [2001] EMLR 15 ( Hamilton) at [26] and [34] to the effect that it had to be shown that there was a real danger that the dishonest conduct had affected the outco......
-
Sharab v Al-Saud
... ... , remain of relevance and indeed of powerful persuasive authority: see, for example, Hamilton v Al-Fayed (No.4) [2001] EMLR 15 , at [10]-[13], and Al-Koronky v Time-Life Entertainment Group ... ...
-
Karam Salah Al Din Awni Al Sadeq v Dechert LLP
... ... Investments Corporation [2000] EWCA Civ 358 [2001] 2 Lloyd's Rep 113 at 125; Hamilton v Al-Fayed (No 2) [2000] EWCA Civ 3012 [2001] EMLR 15 at [11]; Terluk v Berezowsky ... ...
Get Started for Free
2 firm's commentaries
-
Fraud On The Court: When Post-Trial Evidence Vitiates Judgment (Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655)
...for Materiality The second ground of appeal was that the Judge had erred in law by preferring Highland [2013] EWCA Civ 328, over Hamilton [2001] EMLR 15 as the test for In Highland, Aikens LJ held that the fraud proven by the fresh evidence must be "an operative cause of the court's decisio......
-
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
-
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......