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United Kingdom setting aside for fraudabuse of processres judicata

Finzi v Jamaican Redevelopment Foundation Inc and others

[2023] UKPC 29
JurisdictionUnited Kingdom
CourtJudicial Committee of the Privy Council (on appeal from Jamaica)
Year2023
StatusPersuasive authority

Key Principle

A judgment or settlement may be set aside for fraud only where the claimant relies on evidence that is new in the sense of having been discovered since the judgment or settlement (or, if not, can explain why it was not deployed earlier); fraud is not an 'open sesame', and a fresh action that merely re-runs material that was or could have been deployed before is an abuse of process.

Area of Law

General

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TNLC & Anor v Gambling Commission & Ors [2026] EWHC 891 (TCC)
Aabar Holdings S.A.R.L. and others v Glencore Plc and others [2026] EWHC 877 (Comm)
Waterside Class Limited v Mowi ASA & Ors [2026] CAT 32

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