New Evidence in UK Law
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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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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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Hunter and Others v Chief Constable of West Midlands
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On an appeal (which is a re-hearing) we have said that the fresh evidence must be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive, see Ladd v. Marshall (1954) 1 Weekly Law Reports at page 1491 and Skone v. Skone (1971) 1 Weekly Law Reports at page 815. But in order to avoid the effect of an estoppel (when there is no re-hearing) the fresh evidence must, I think, be decisive.
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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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Arnold v National Westminster Bank Plc
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Cause of action estoppel arises where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been between the same parties or their privies and having involved the same subject matter. In such a case the bar is absolute in relation to all points decided unless fraud or collusion is alleged, such as to justify setting aside the earlier judgment.
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Jonesco v Beard
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It has long been the settled practice of the Court that the proper method of impeaching a completed judgment on the ground of fraud is by action in which, as in any other action based on fraud, the particulars of the fraud must be exactly given and the allegation established by the strict proof such a charge requires.
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Grimshaw v Dunbar
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Be that as it may, a party to an action is prima facie entitled to have it heard in his presence; he is entitled to dispute his opponent's case and cross-examine his opponent's witnesses, and he is entitled to call his own witnesses and give his own evidence before the Court.
- The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023
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Nationality and Borders Act 2022
... ... 87(1) # I149 S. 17 in force at 28.6.2022 by S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 16 ... Supporting evidence ... 18: Provision of evidence in support of protection or human rights claim ... (1) The Secretary of State or an immigration officer may serve an ... ...
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Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
... ... it is to be held, and(b) granting warrant for the procurator fiscal and the participants in the inquiry to cite persons to attend and give evidence at the inquiry ... (4) But the sheriff need not fix a date for the start of the inquiry (and the place at which it is to be held) in the order ... ...
- Evidence (New Zealand) Order, 1959
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Rebooting the new evidence scholarship
The new evidence scholarship addresses three distinct approaches: legal probabilism, Bayesian decision theory and relative plausibility theory. Each has major insights to offer, but none seems sati...
- Schizophrenia: The New Evidence
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Here is a table: A prolegomenon
to a future new evidence
scholarship in Africa
While it has revolutionised Evidence scholarship in the Euro-American world (mainly common law jurisdictions), the New Evidence Scholarship (‘NES’) movement is yet to arrive on African shores. Afri...
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Job Security, Financial Security and Worker Well‐being: New Evidence on the Effects of Flexible Employment
This paper uses panel data drawn from the Household, Income and Labour Dynamics in Australia (HILDA) survey to provide new evidence of the links between unemployment, wages, job security, financial...
- English High Court Refuses To Enforce Unchallenged Arbitral Award In Light Of New Evidence
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- New IBA Rules on the Taking of Evidence in International Arbitration
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Increased liabilities under new draft Code on dismissal and re-engagement – evidence is all (UK)
Back in November 20201 we reported here on some new Acas guidance on changing terms of employment through dismissal and re-engagement, and in November last year on the Government’s intention to iss...
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Respondent's notice
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... If Yes, please state what order you are asking the court to make and ... state the reasons for your application ... Evidence in support ... Any evidence in support of other applications must be filed with this ... respondent’s notice. If you are attaching any written ... ...
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Appellant's notice
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... If Yes, please state what order you are asking the court to make and ... state the reasons for your application ... Evidence in support ... Any evidence in support of other applications must be filed with this ... appellant’s notice. If you are attaching any written ... ...
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Respondent's notice (For use in appeals in the Family Division of the High Court)
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... Remember that you must not include any grounds which rely on new evidence, that is, evidence that has ... become available since the order was made. You may not produce new evidence without first obtaining the ... ...
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Respondent's notice (For all appeals except appeals to the Family Division of the High Court)
County Court forms including the N1 money claim form.... ... separately numbered paragraphs ... Remember that you must not include any grounds which rely on new ... evidence, that is, evidence that has become available since the order was ... made. You may not produce new evidence without first obtaining the ... ...