On 17 May 2023, the Court of Appeal handed down judgment in Close Brothers Ltd v Rooster Trucking Company Ltd & Ors [2023] EWCA Civ 533.
Justin Kitson, leading Darren Finlay (Park Square Chambers), acted for the successful respondent in the recent Court of Appeal case Close Bros v Rooster Trucking [2023] EWCA Civ 533. The case is an important case concerning the test for permitting evidence of fraud at a late stage.
The court of appeal dismissed the appeal on the basis that the evidence relied upon was inherently improbable.
The full judgment can be found here.