Kingston's (Duchess of) Case
| Jurisdiction | UK Non-devolved |
| Date | 1776 |
| Court | House of Lords |
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45 cases
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Payna Chettiar v Maimoon bte Ismail and Others
... ... However, fraud will vitiate a judgment so obtained. An exception to that is probably the case where a purchaser has acquired title to property in good faith and for value upon the faith of a ... Counsel for the plaintiff relied upon a very old case The Duchess of Kingston`s [1776] All ER Rep 623 which held that fraud avoided all judicial acts. But this ... ...
- Barnsley Metropolitan Borough Council v VW and Others
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Lincoln National Life Insurance Company v Sun Life Assurance Company of Canada [QBD (Comm)]
...as follows: A judgment obtained by A against B ought not to be evidence against C, for, in the words of the Chief Justice in the Duchess of Kingston's Case ( 1776) 2 Sm LC, 13 ed. 644, "it would be unjust to bind any person who could not be admitted to make a defence, or to examine witnesse......
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R (Prudential Plc) v Special Commissioner of Income Tax
...that the adviser was permitted but not compellable to give evidence of them. This theory was disposed of by Lord Mansfield in the Duchess of Kingston's Case (1776) 20 St Tr 355, 574. The famous surgeon Sir Caesar Hawkins declined to give evidence against the Duchess on her trial for bigamy,......
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