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Article summary

Dispute Resolution analysis: The Privy Council has clarified the rules for setting aside a judgment or a settlement agreement on the basis that it had been obtained by fraud. Specifically, the focus of the Privy Council was on the situation where the claimant is seeking to rely on evidence that had not been adduced in the original proceedings. The Privy Council found that the claimant needed to show that the ‘evidence is new in the sense that it has been obtained since the judgment or settlement or…if the evidence is not new in this sense, any matters relied on to explain why the evidence was not deployed in the original action’: otherwise, if the evidence was not ‘new’ then the claim would likely be seen as an abuse of process (para [72]). The Privy Council in particular reflected on the decision of the Supreme Court in...