Ladd v Marshall

JurisdictionEngland & Wales
JudgeLord Justice Denning,Lord Justice Hodson,Lord Justice Parker
Judgment Date29 November 1954
Neutral Citation[1954] EWCA Civ 1
Docket NumberCase No.:
Year1954
CourtCourt of Appeal
Date29 November 1954
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2030 cases
  • R (Richards and Another) v Pembrokeshire County Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 February 2005
    ...if they were not permitted to put in Mr Lloyd Evans' second witness statement to deal with this issue. 10 We have been referred to Ladd v Marshall [1954] 1 WLR 1489 which still applies (see Hertfordshire Investments Ltd v Bubb [2000] 1 WLR 2318). In my view this is not a Ladd v Marshall c......
  • Ashmore v British Coal Corporation
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 February 1990
    ...1 Q.B. 283 at page 334, in preference to the less rigorous test applied on the admission of fresh evidence in appeals as laid down in Ladd v. Marshall (1954) 1 W.L.R. 1489 at page 1491, namely that it "would probably have an important influence on the result of the case, though it need not ......
  • Council for the Regulation of Health Care Professionals v General Medical Council, Nursing and Midwifery Council, Truscott and Ruscillo
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 October 2004
    ...an application is made to the Court to adduce additional evidence pursuant to CPR 52.11(2) the Court should not apply the principle in Ladd v Marshall [1954] 1 WLR 1489. The principles in that case have no application to a reference under section 29. The fact that the evidence could have be......
  • Thune and Another v London Properties Ltd and Others ; Thune and Another v Dominion Properties Ltd ; Thune and Another v Reksten and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 February 1990
    ...from Norway but failed, and in the event they decided to go ahead. 26 The defendants argued that the full rigour of the principle in Ladd v. Marshall should not be applied since there had been no final hearing, and they urged that they had had inadequate time to gather evidence in oppositio......
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4 firm's commentaries
  • Recent Developments In Extradition Appeals
    • United Kingdom
    • Mondaq United Kingdom
    • 9 August 2010
    ...at first instance. Attempts at late repairs to cases by either side at the appeal stage will not be well received. Footnotes 1. [1954] 1 W.L.R. 1489. Leave to adduce further evidence on appeal will only be granted (1) if it is shown that the evidence could not have been obtained with reason......
  • A Stern Warning From The Supreme Court In England To Spouses Who Hide Their Assets
    • United Kingdom
    • Mondaq UK
    • 17 December 2015
    ...of money-laundering offences. H appealed Moylan J's order to set aside, citing lack of jurisdiction and relying on Ladd v Marshall [1954] 1 WLR 1489 regarding the admissibility of new evidence on Before the CA, H contended that MoylanJ had no jurisdiction as a high court judge to set aside ......
  • Fresh Evidence On Appeal: Recent Comments From The Eastern Caribbean Court Of Appeal
    • Hong Kong
    • Mondaq Hong Kong
    • 26 July 2023
    ...explanation of the law governing admitting fresh evidence on appeal is to be found in an old English case, Ladd v Marshall [1954] 1 WLR 1489. Under Ladd v Marshall, fresh evidence be allowed on an appeal against a final decision only if the evidence: could not have been obtained with reason......
  • Winding Up A Cayman ELP – Post Judgment Admission Of Evidence And Costs
    • Cayman Islands
    • Mondaq Cayman Islands
    • 22 January 2014
    ...it. See the Court of Appeal decision in Camulos Partners Offshore Limited v Katherin & Co 2010 (1) CIHL 303. 4 [2000] 1 WLR 230 5 [1954] 1 WLR 1489 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spe......
31 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Inheritance Act Claims 4th ed
    • 14 August 2023
    ...2 FLR 414, [2012] 2 FCR 472, [2012] Fam Law 519 216 Krubert, Re [1997] Ch 97, [1996] 3 WLR 959, [1997] 1 FLR 42, CA 145 Ladd v Marshall [1954] 1 WLR 1489, [1954] 3 All ER 745, (1954) FLR Rep 422, CA 166 Lambert v Lambert [2002] EWCA Civ 1685, [2003] Fam 1031, [2003] 2 WLR 631, [2003] 1 FLR ......
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...71 at [31]. 1342 See, eg, CPR rule 52.21(2). 1343 here are limited circumstances in which new evidence may be adduced: Ladd v Marshall [1954] 1 WLR 1489; Cofs Harbour Hardwoods (Trading) Pty Ltd v Wall (1989) 6 BCL 215 [NSWCA]; Fletcher Construction Aust Ltd v Varnsdorf Pty Ltd [1998] 3 VR ......
  • Criminal Procedure, Evidence and Sentencing
    • Singapore
    • Singapore Academy of Law Annual Review No. 2021, December 2021
    • 1 December 2021
    ...486 at 486–494, paras 15.1–15.23. 25 Syed Suhail bin Syed Zin v Public Prosecutor [2021] 2 SLR 377 at [67]. 26 [2021] 2 SLR 1169. 27 [1954] 1 WLR 1489. 28 Of non-availability, relevance and credibility. 29 Miya Manik v Public Prosecutor [2021] 2 SLR 1169 at [82]. 30 Miya Manik v Public Pros......
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2021, December 2021
    • 1 December 2021
    ...2014 Rev Ed. 126 Yitai (Shanghai) Plastic Co, Ltd v Charlotte Pipe and Foundry Co [2021] SGHC 198 at [26]. 127 [2011] 1 SLR 1287. 128 [1954] 1 WLR 1489. 129 Yitai (Shanghai) Plastic Co, Ltd v Charlotte Pipe and Foundry Co [2021] SGHC 198 at [30]. 130 [1996] RPC 233. 131 Yitai (Shanghai) Pla......
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