Abstract
Fraud, in civil proceedings, is an insidious act in law and has been aptly judicially described as a disease. It takes many forms, from the subtle gifts, facilitation costs to the more repugnant and nefarious, bribery and corruption. The judicial abhorrence to fraud is well expressed by Lord Buckmaster in Jonesco v Beard in the following
graphic terms:
“… Fraud is an insidious disease, and if clearly proved to have been used so that it might deceive the Court, it spreads to and infects the whole body of the judgment …” (Emphasis added.)
The effect of an act of fraud in equity and common law is understandable and is well encapsulated in the proverbial statement of the law by Denning LJ in Lazarus Estates that “Fraud unravels everything”.
“… Fraud is an insidious disease, and if clearly proved to have been used so that it might deceive the Court, it spreads to and infects the whole body of the judgment …” (Emphasis added.)
The effect of an act of fraud in equity and common law is understandable and is well encapsulated in the proverbial statement of the law by Denning LJ in Lazarus Estates that “Fraud unravels everything”.
| Original language | English |
|---|---|
| Pages (from-to) | 174-194 |
| Number of pages | 21 |
| Journal | The International Construction Law Review |
| Volume | 41 |
| Issue number | 2 |
| Publication status | Published - 2 May 2024 |
Keywords
- fraud
- statutory ajudication
- common law