Fraud in statutory adjudication: : a comparative study of common law jurisdictions

Magintharan, S. and Agapiou, Andrew (2024) Fraud in statutory adjudication: : a comparative study of common law jurisdictions. The International Construction Law Review, 41 (2). pp. 174-194. ISSN 0265-1416

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Abstract

Fraud, in civil proceedings, is an insidious act in law and has been aptly judicially described as a disease. 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 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 that “Fraud unravels everything”.

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