- Cited — J (Children: Reopening Findings of Fact) 2023-04-28
“…(1879) 4 App Cas 801 where Lord Cairns LC held that an anterior judgment can be challenged where additional facts had emerged which 'entirely changes the aspect of the case' and wh…”
- Cited — J (Children: Reopening Findings of Fact) 2023-04-28
“…ers for good reason from a test identified in another context. The formulation in Re RL originates in the decision in Phosphate Sewage Co Ltd v Molleson (1879) 4 App Cas 801, which arose from efforts to relitigate a claim in bankruptcy, but Re RL and the present caserequired the court to evaluate the very different considerations t…”
- Cited — David Mayall v Merriman White & Ors 2022-04-12
“… it has to be based on new evidence, that must be such as entirely changes the aspect of the case: see per Earl Cairns LC in Phosphate Sewage v Molleson (1879) 4 App Cas 801 at p 814. The second claim in our case not merely falls short of that standard, but relies on no new evidence at all.”…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…described by the parties, and was described by the Judge, as the “Phosphate Sewage test”, named because of the decision in Phosphate Sewage v. Molleson, (1879) 4 App Cas 801.…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…New facts come to light that fundamentally change the complexion of the case. This is the ratio of Phosphate Sewage Company Limited v.Molleson, (1879) 4 App Cas 801at 814, where Lord Cairns LC held:…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…him by a court of competent jurisdiction, and he adopts as the proper test that laid down by Earl Cairns LC in Phosphate Sewage Company Ltd v. Molleson, (1879) 4 App Cas 801, 814, namely that the new evidence must be such as “entirely changes the aspect of the case”. This is perhaps a little stronger that that suggested by Denning …”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…t has to be based on new evidence, that must be such as entirely changes the aspect of the case: see per Earl Cairns LC in Phosphate Sewage v. Molleson, (1879) 4 App Cas 801 at 814. The second claim in our case not merely falls short of that standard, but relies on no new evidence at all.”…”