Dale v Banga and others (2021) EWCA Civ 240 -appealing a judgment allegedly obtained by fraud

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Although it was a dispute relating to a number of wills, this case is of wider interest as it looked at the correct approach for an appeal court to take when fresh evidence was adduced after a trial which allegedly showed that the judgment below had been obtained by fraud. Following the judgment, the appellant had discovered that two of the respondent’s witnesses had been involved in criminal activities.


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