Odyssey Re (London) Ltd & Anor v OIC Run-Off Ltd [2000] EWCA Civ 71 (13 March 2000)

Odyssey Re (London) Ltd & Anor v OIC Run-Off Ltd [2000] EWCA Civ 71 (13 March 2000)

Mr Sage committed perjury in claiming a long-held recollection independent of the Flint Note; his evidence was material and, given his status and involvement with Orion, should be attributed to Orion for purposes of the fraud of a party rule. The judgment procured by his perjured evidence must be set aside.

Citation
[2000] EWCA Civ 71
Parties
Claimant/appellant: Odyssey Re (London) Limited; Claimant/appellant: Alexander Howden Holdings Limited; Defendant/respondent: OIC Run-Off Limited (formerly Orion Insurance Company Plc)
Jurisdiction
England and Wales
Judgment Date
13 March 2000
Procedural Posture
Appeal / Court of Appeal (civil Division), Appeal From High Court, Commercial Court
Outcome
Appeal allowed; judgment of Hirst J in the first action set aside.
Legal Topics
Fraudulent Procurement of Judgment, Perjury, Attribution of Acts to Corporations, Issue Estoppel, Setting Aside Judgments for Fraud
Commercial Law Insurance Law Company Law Civil Procedure Fraudulent Procurement of Judgment Perjury Attribution of Acts to Corporations Issue Estoppel +1 more

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Parties

Odyssey Re (London) Limited

Claimant/appellant

Alexander Howden Holdings Limited

Claimant/appellant

OIC Run-Off Limited (formerly Orion Insurance Company Plc)

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division), Appeal From High Court, Commercial Court

Legal Issues

  1. 1 Did Mr Sage commit perjury in evidence before Hirst J?
  2. 2 Can perjured evidence of a non-party witness be attributed to a corporation for purposes of setting aside a judgment?
  3. 3 Is it necessary for perjured evidence to be that of a party to set aside a judgment for fraud?

Ratio Decidendi

Mr Sage committed perjury in claiming a long-held recollection independent of the Flint Note; his evidence was material and, given his status and involvement with Orion, should be attributed to Orion for purposes of the fraud of a party rule. The judgment procured by his perjured evidence must be set aside.

Court Disposition

Appeal allowed; judgment of Hirst J in the first action set aside.

Orders

  • Judgment of Hirst J set aside.
  • Matter remitted for further proceedings as appropriate.