“…ase back 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 [2001] EMLR 394. On the other hand, Jonesco v Beard [1930] AC 298 suggests that, where it is alleged that there was deceit in the court below, the proper course is to leave th…”
“…teria which would justify ordering a retrial under Ladd v Marshall. This is recognised by Lord Phillips of Worth Matravers MR in para 15 of Hamilton v Al Fayed [2001] EMLR 394, set out above. In my judgment, this is such a case.…”
“…ase back 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 [2001] EMLR 394. On the other hand, Jonesco v Beard [1930] AC 298 suggests that, where it is alleged that there was deceit in the court below, the proper course is to leave th…”