International Construction Law Review
FRAUD IN STATUTORY ADJUDICATION: A COMPARATIVE STUDY OF COMMON LAW JURISDICTIONS
S MAGINTHARAN*
Advocate and Solicitor
AND
Dr ANDREW AGAPIOU**1
University of Strathclyde
I. INTRODUCTION
Fraud, in civil proceedings, is an insidious act in law and has been aptly judicially described as a disease.2 It takes many forms, from the subtle gifts, facilitation costs to the more repugnant and nefarious, bribery and corruption. The judicial abhorrence to fraud is well expressed by Lord Buckmaster in Jonesco v Beard
3 in the following
graphic terms:
“… Fraud is an insidious disease, and if clearly proved to have been used so that
it might deceive the Court, it spreads to and infects the whole body of the judgment …”
(Emphasis added.)
The effect of an act of fraud in equity and common law is understandable and is well encapsulated in the proverbial statement of the law by
Denning LJ in Lazarus Estates
4 that “Fraud unravels everything”.5
1 *S Magintharan, LLB (Hons) Essex, LLM (Const Law) University of Melbourne, Barrister of the Inner Temple, Advocate and Solicitor, Singapore, PhD in Law candidate with the University of Strathclyde; **Dr Andrew Agapiou, Senior Lecturer, Academic Lead, Construction Procurement and Law Theme, University of Strathclyde Construction Law/University of Strathclyde. With editorial assistance from Andrew Burr, Adjudicator, Arbitrator and Barrister.
2 Per Lord Buckmaster in Jonesco v Beard (HL) [1930] AC 298, 301–302.
3 Per Lord Buckmaster in Jonesco v Beard (HL) [1930] AC 298, 301–302.
4 Lazarus Estates Ltd v Beasley (CA) [1956] 1 QB 702 at 712.
5 Thereby giving rise to the “fraud unravels everything” maxim, per Andrews LJ in Park v CNH Industrial Capital Europe Ltd
(t/a CNH Capital) (CA) [2021] EWCA Civ 1766; [2022] 1 WLR 860; [2022] 3 All ER 867 at paragraph 43; Prest v Petrodel Resources Ltd (SC) [2013] UKSC 34; [2013] 2 AC 415; [2013] 3 WLR 1; [2013] 4 All ER 673 per Lord Sumptions JSC at paragraph 18; Rous v Mitchell (CA) [1991] 1 WLR 469 per Nourse LJ at pages 496D, 497A–B referred to in Eurocom Ltd v Siemens plc (QBD (TCC)) [2014] EWHC 3710 (TCC) per Ramsey J at paragraphs 66–75.
Pt 2] Fraud in Statutory Adjudication
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