New Evidence in UK Law

Leading Cases
  • Ladd v Marshall
    • Court of Appeal
    • 29 Novembro 1954

    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.

  • E v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 02 Fevereiro 2004

    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.

  • Hunter and Others v Chief Constable of West Midlands
    • Court of Appeal (Civil Division)
    • 17 Janeiro 1980

    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.

  • R v Donald Pendleton
    • House of Lords
    • 13 Dezembro 2001

    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.

  • Arnold v National Westminster Bank Plc
    • House of Lords
    • 25 Abril 1991

    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.

  • Jonesco v Beard
    • House of Lords
    • 13 Fevereiro 1930

    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.

  • Grimshaw v Dunbar
    • Court of Appeal
    • 16 Janeiro 1953

    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.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Respondent's notice
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Appellant's notice
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Respondent's notice (For use in appeals in the Family Division of the High Court)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Respondent's notice (For all appeals except appeals to the Family Division of the High Court)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
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