Setting Aside A Judgment For Fraud: Applying The Three-limb Test

In a recent decision the Court of Appeal has analysed how a court should apply the established test as to when a judgment should be set aside on the basis of fraud: Tinkler v Esken Ltd [2023] EWCA Civ 655.

Despite the traditional adage that "fraud unravels all", an unsuccessful litigant must do more than merely produce evidence of fraudulent conduct by its opponent in order to have the judgment set aside. It must satisfy a court that (i) the successful party (or someone for whom it must take responsibility) committed conscious and deliberate dishonesty, (ii) the dishonest conduct was material to the original decision and (iii) there is new evidence before the court (The Royal Bank of Scotland plc v Highland Financial Partners LP and others [2013] EWCA Civ 328).