Banks and Another v Cox and Another: CA 17 Jul 2000

The court considered the principles of admitting new evidence on appeal after the introduction of the new rules. Moritt LJ: ‘In my view the principles reflecting in the rules in Ladd v Marshall [1954] 1 WLR 1489 remain relevant to any application for permission to rely on further evidence, not as rules, but as matters which must necessarily be considered in an exercise of the discretion whether or not to permit an appellant to rely on evidence not before the court below.’


Morritt LJ


Transcript No. 1476 of 2000


England and Wales


CitedLadd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .

Cited by:

See AlsoBanks and Another v Cox and Another CA 3-Apr-2001
. .
See AlsoBanks and Another v Cox and Another CA 20-Apr-2001
. .
See AlsoBanks and Another v Cox and Another CA 17-May-2001
. .
CitedCapital Bank Plc v Mcdiarmid CA 7-Feb-2006
The defendant was said to have guaranteed a hire purchase agreement. The principle, a company, had become insolvent. He denied having signed the document.
Held: Leave to appeal should not be granted. The court considered further evidence. That . .
CitedAl-Koronky and Another v Time-Life Entertainment Group Ltd and Another CA 28-Jul-2006
The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules

Updated: 10 May 2022; Ref: scu.241280