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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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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Ladd v Marshall
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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. Thirdly, the appellant (or his advisers) must not been have been responsible for the mistake. Fourthly, the mistake must have played a material (not necessarily decisive) part in the Tribunal's reasoning.
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MY (Country Guidance cases – no fresh evidence)
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In a case depending, as did this, on the same or similar evidence, a party will not be permitted to challenge the country guidance findings except by the production of new evidence. Attempts to contest the findings in a CG case without such fresh evidence are not permissible.
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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
... ... to the same court or judge or to any other court or judge, unless fresh evidence is adduced in support of the application F75 ... (3) In ... ...
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Companies Act 1862
... ... of any Company given by the Registrar shall be conclusive Evidence that all the Requisitions of this Act in respect of Registration have been ... Accident, or the subsequent Discovery of fresh material Evidence, such Finding ought not to be ... conclusive ... Court ... ...
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Magistrates' Courts Act 1980
... ... (F93) 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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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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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 ... ...