header-logo header-logo

Damages

19 March 2010
Issue: 7409 / Categories: Case law , Law digest
printer mail-detail

Noble v Owens [2010] EWCA Civ 224, [2010] All ER (D) 87 (Mar)

Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled, that court would only allow the appeal and order a re-trial where the fraud was either admitted or the evidence was incontrovertible. In any other case the issue of fraud had to be determined before a judgment of a court of first instance could be set aside.

The normal rule in accident cases was that the sum of damages fell to be assessed once and for all at the time of the hearing, if further evidence as to new events was too easily admitted there would be no finality in litigation. The need for finality was a well established principle in English law, however exceptions arose where justice conflicted with that principle. The first exception was the power of the court to review fresh evidence if certain conditions were fulfilled.

The second exception arose in the context of a challenge to an

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
back-to-top-scroll