13 March 2008
Cinpres Gas Injection Ltd v Melea Ltd [2008] EWCA Civ 9, [2008] All ER (D) 165 (Jan)
A judgment cannot be set aside unless it was obtained by the fraud of a party or fraud procured by a party. Perjury by a “mere witness” is not enough. However, where the witness is a “comrade in arms” to a party, and his fraud by way of perjury is adopted by the party, that perjury should be regarded as being that of the party for the purpose of setting the judgment aside.
