Davies & Ors v Morris

Davies & Ors v Morris

There are realistic prospects that the Defendant's dishonest evidence regarding the deceased's assets in Belgium was material to the outcome of the probate proceedings, such that the judgment may be set aside for fraud. The applicable test is whether there is a real danger that the fraudulent conduct influenced the outcome, as established in Hamilton v Al Fayed.

Parties
Claimant: Adrian Michael Davies; Claimant: Maria Jozica Davies; Claimant: Adrienne Maria Catherine Mamber; Defendant: Adrian Nicholas Morris
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Civil / Interlocutory Application for Strike Out or Summary Judgment
Outcome
Defendant's application to strike out or for summary judgment dismissed; claim to proceed to trial.
Legal Topics
Rescission of Judgment, Fraudulent Evidence, Domicile, Finality of Judgments
Civil Procedure Probate Fraud Rescission of Judgment Fraudulent Evidence Domicile Finality of Judgments

Case Brief

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Parties

Adrian Michael Davies

Claimant

Maria Jozica Davies

Claimant

Adrienne Maria Catherine Mamber

Claimant

Adrian Nicholas Morris

Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether the judgment in probate proceedings was procured by fraudulent evidence
  2. 2 Whether the dishonest evidence was sufficiently material to warrant setting aside the judgment
  3. 3 What is the correct legal test for setting aside a judgment for fraud

Ratio Decidendi

There are realistic prospects that the Defendant's dishonest evidence regarding the deceased's assets in Belgium was material to the outcome of the probate proceedings, such that the judgment may be set aside for fraud. The applicable test is whether there is a real danger that the fraudulent conduct influenced the outcome, as established in Hamilton v Al Fayed.

Court Disposition

Defendant's application to strike out or for summary judgment dismissed; claim to proceed to trial.

Orders

  • Claim not struck out
  • Summary judgment not granted