Fresh Evidence in UK Law

  • Ladd v Marshall
    • Court of Appeal
    • 29 November 1954
    ... ... 4 Mr Ladd at the hearing of the action gave evidence that he had saved up £1,000 in notes. He kept it in a tin box under his ... First, he says the fresh evidence by Mrs Marshall is so important that it should be received by ... ...
  • Re Barrell Enterprises
    • Court of Appeal (Civil Division)
    • 26 July 1972
    ... ... aside the original order of the Vice-Chancellor on the ground that fresh evidence had emerged since the original hearing by the Vice-Chancellor and ... ...
  • Taylor and Another v Lawrence and Another
    • Court of Appeal (Civil Division)
    • 04 February 2002
    ... ... owner of Highgate, Ian Moore, who remained there until 1991, gave evidence, which the Deputy Judge accepted, that he had put in about six small ... is a firm rule of practice that the Court of Appeal will not allow fresh evidence to be adduced in support of an appeal if that evidence was ... ...
  • R v Donald Pendleton
    • House of Lords
    • 13 December 2001
    ... ... concerns the role of the Court of Appeal (Criminal Division) when fresh evidence is received on an appeal against conviction. The legal question ... ...
  • E v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 02 February 2004
    ... ... on ignorance or mistake as to the facts; and (b) to admit new evidence to demonstrate the mistake ... 2 Doubt has ... The Ladd v Marshall principles are, in summary: first, that the fresh evidence could not have been obtained with reasonable diligence for use at ... ...
  • Benedetto v The Queen (No 2)
    • Privy Council
    • 20 October 2003
    ... ... 36-38) (6) Further comments on Plante's evidence (paras 39-45) (7) The case against Benedetto ... prosecutor at the trial (paras 53-57) (10) Fresh evidence in the Court of Appeal (paras 58-68) ... ...
  • Takhar v Gracefield Developments Ltd and Others
    • Supreme Court
    • 20 March 2019
    ... ... 8 A significant item of evidence in the hearing before Judge Purle was a written profit share agreement ... in Virgin Atlantic , para 22, as supporting the proposition that a fresh point could not be relitigated unless the new material could not with ... ...
  • Hertfordshire Investments Ltd v Bubb and Another
    • Court of Appeal (Civil Division)
    • 25 July 2000
    ... ... an application made to extend time to apply, and we have seen no evidence giving an explanation for the delay on that occasion. The district judge ... to the later judgment of HHJ Riddell he held, firstly, that the fresh evidence did not fulfill the requirements of Ladd v Marshall : it could ... ...
  • Hunter and Others v Chief Constable of West Midlands
    • Court of Appeal (Civil Division)
    • 17 January 1980
    ... ... case: Apart from those confessions, the police had no sufficient evidence on which to charge the men, let alone convict them. There was nothing but ... C. This is a much stricter test than we require when we admit fresh evidence on an appeal. On an appeal (which is a re-hearing) we have said ... ...
  • Balber Kaur Takhar v Gracefield Developments Ltd and Others
    • Court of Appeal (Civil Division)
    • 21 March 2017
    ... ... 5 Part of Mrs Takhar's evidence was that the properties did not really belong to her and had only been put ... 'Material' means that the fresh evidence that is adduced after the first judgment has been given is such ... ...
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