New Evidence in UK Law

Leading Cases
  • Ladd v Marshall
    • Court of Appeal
    • 29 Nov 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 Feb 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.

  • R v Donald Pendleton
    • House of Lords
    • 13 Dec 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 Apr 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.

  • WM (DRC) and another v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 09 Nov 2006

    Second, in addressing that question, both in respect of the evaluation of the facts and in respect of the legal conclusions to be drawn from those facts, has the Secretary of State satisfied the requirement of anxious scrutiny? If the court cannot be satisfied that the answer to both of those questions is in the affirmative it will have to grant an application for review of the Secretary of State's decision.

  • Grimshaw v Dunbar
    • Court of Appeal
    • 16 Jan 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.

  • Swain-Mason and Others v Mills & Reeve (A Firm)
    • Court of Appeal (Civil Division)
    • 23 Apr 2012

    However, I do accept that the court is and should be less ready to allow a very late amendment than it used to be in former times, and that a heavy onus lies on a party seeking to make a very late amendment to justify it, as regards his own position, that of the other parties to the litigation, and that of other litigants in other cases before the court.

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Legislation
  • Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
    • Scotland
    • January 01, 2016
    ...... . . (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 if-. ......
  • Evidence (New Zealand) Order, 1959
    • UK Non-devolved
    • January 01, 1959
  • Policing and Crime Act 2017
    • UK Non-devolved
    • January 01, 2017
    ......; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; ......
  • The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ...... of staff of a Tribunal to be a true copy of an entry of a judgment in the register shall, unless the contrary is proved, be sufficient evidence of the document and its contents. S-15 . Transitional provisions Transitional provisions . 15. —(1) Subject to paragraphs (2) and (3), these ......
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Books & Journal Articles
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