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United Kingdom res judicatacollateral attackfresh evidence

Phosphate Sewage Co Ltd v Molleson

(1879) 4 App Cas 801
JurisdictionUnited Kingdom
CourtHouse of Lords (on appeal from Scotland)
Year1878
StatusBinding authority

Key Principle

A party who has been unsuccessful in litigation cannot reopen it merely by relying on a further fact pointing in the same direction towards the same relief; to escape res judicata on the ground of fresh evidence the new matter must be such as entirely changes the aspect of the case and could not with reasonable diligence have been produced before.

Area of Law

General

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