Fresh Evidence in UK Law
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R v Donald Pendleton
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The Court of Appeal can make its assessment of the fresh evidence it has heard, but save in a clear case it is at a disadvantage in seeking to relate that evidence to the rest of the evidence which the jury heard. For these reasons it will usually be wise for the Court of Appeal, in a case of any difficulty, to test their own provisional view by asking whether the evidence, if given at the trial, might reasonably have affected the decision of the trial jury to convict.
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Ladd v Marshall
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In order to justify the reception of fresh evidence or a new trial, three conditions mast be fulfilled: first, it must be shown that the evidence could not have been obtained with reasonable diligence for use at the trial: second, the evidence most be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive: thirdly, the evidence must be such as is presumably to be believed, or in other words, it must be apparently credible, though it need not be incontrovertible.
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Owens Bank Ltd v Fulvio Bracco and Another ; Case C-129/92
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But it is submitted for the bank that the language of section 9(2)( d) must be construed as qualified by the common law rule that the unsuccessful party who has been sued to judgment is not permitted to challenge that judgment on the ground that it was obtained by fraud unless he is able to prove that fraud by fresh evidence which was not available to him and could not have been discovered with reasonable diligence before the judgment was delivered.
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Stafford v DPP; Luvaglio v DPP
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While as I have said the Court of Appeal and this House may find it a convenient approach to consider what a jury might have done if they had heard the fresh evidence, the ultimate responsibility rests with them and them alone for deciding the question.
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E v Secretary of State for the Home Department
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First, there must have been a mistake as to an existing fact, including a mistake as to the availability of evidence on a particular matter. Secondly, the fact or evidence must have been "established", in the sense that it was uncontentious and objectively verifiable. Fourthly, the mistake must have played a material (not necessarily decisive) part in the Tribunal's reasoning.
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Murphy v Stone-Wallwork (Charlton) Ltd
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I think the question whether or not the fresh evidence is to be admitted has to be decided by an exercise of discretion. The question is largely a matter of degree, and there is no precise formula which gives a ready answer.
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Lundy v The Queen
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If the evidence is both credible and fresh, it should generally be admitted unless the court is satisfied at that stage that, if admitted, it would have no effect on the safety of the conviction. If the evidence is credible but not fresh, the court should assess its strength and its potential impact on the safety of the conviction. If it considers that there is a risk of a miscarriage of justice if the evidence is excluded, it should be admitted, notwithstanding that the evidence is not fresh.
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Administration of Justice Act 1960
... ... court or judge, unless fresh evidence is adduced in support of ... the application; and no such ... ...
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National Insurance (Industrial Injuries) Act 1946
... ... the absence of evidence to the contrary, also to have arisen out ... of that employment ... board if satisfied by fresh evidence that the decision was given ... in consequence of the ... ...
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Criminal Justice Act 1967
... ... the proceedings of criminal courts, including the law relating to evidence, and to the qualification of jurors, in such proceedings and to appeals in ... ...
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Magistrates' Courts Act 1980
... ... (3) Subject to subsection (4) below, evidence tendered before examining justices shall be tendered in the presence of ... by or on behalf of the person committed, and after hearing fresh evidence, reduce the amount in which it is proposed that any surety should ... ...
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Fresh Evidence and Factual Innocence in the Criminal Division of the Court of Appeal
One of the main criticisms of the Criminal Division of the Court of Appeal has been that it is deficient at identifying and correcting the wrongful convictions of the factually innocent. These crit...
- Fresh Evidence: Role of Appeal Court
- “Fresh” Evidence and the New Trial
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The Safety of Convictions in the Court of Appeal: Fresh Evidence in the Criminal Division Through an Empirical Lens
An academic consensus exists that the England and Wales Court of Appeal (Criminal Division) determines appeals against conviction in a narrow or an unduly restrictive manner. This consensus has dev...
- Rectification Revisited: Fresh Guidance On The Role And Types Of Evidence
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Recent Developments In Extradition Appeals
... ... where there has been ample time to obtain defence expert evidence (over six weeks in that case), that new evidence must not have been ... to Category 1 cases, section 27(4) allows the High Court to receive fresh evidence on appeal, provided it was not available at the extradition ... ...
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Permission Given To Challenge A Judgment Allegedly Procured Through Pervasive Fraud And Dishonesty (Ras Al Khaimah Investment Authority v Azima And Ors)
... ... for abuse of process or the evidence itself should be excluded ... RAKIA denied that it was responsible for ... Azima's appeal against RAKIA's claims but, in light of ... fresh evidence suggesting RAKIA's responsibility for the ... hacking, allowed ... ...
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Limited Permission To Appeal Granted In Respect Of A Decision Granting Permission To Bring A Counterclaim Challenging An Earlier Judgment (Ras Al Khaimah Investment Authority v Azima And Ors)
... ... for abuse of process or the evidence itself should be excluded ... RAKIA denied that it was responsible for ... Azima's appeal against RAKIA's claims but, in light of ... fresh evidence suggesting RAKIA's responsibility for the ... hacking, allowed ... ...
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204)
Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... If you wish to rely on evidence that was not ... before the lower court, you must seek the court’s ssion. Any application to rely on ... fresh evidence must be made by application notice with a fee of £528 ... ...
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Form N161
Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... which rely on new evidence, that is evidence that has become ... available since the order was made ... of the appeal court. You can apply for permission to rely on ... fresh evidence in the appellant’s notice (see the notes to ... Section 10 on ... ...
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Notice of Allocation to the small claims track (Hearing)
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.... ... your evidence and for the judge to reach a decision. To help prepare the claim ... strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim ... must be filed together with the appropriate ... ...
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Form SSCS4
Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.... ... You do ... not need to include evidence/information you have already sent to the Compensation Recovery Unit as ... the date the certificate was confirmed or ... a fresh certificate was issued ... If your appeal is received more than three ... ...