An appeal court must scrutinise most carefully an argument or point not taken at the trial and presented for the first time on appeal to ensure that injustice is not caused. ‘When a question of law is raised for the first time in a court of last resort, upon the construction of a document, or upon facts either admitted or proved beyond controversy, it is not only competent but expedient, in the interests of justice, to entertain the plea. The expediency of adopting that course may be doubted, when the plea cannot be disposed of without deciding nice questions of fact, in considering which the Court of ultimate review is placed in a much less advantageous position than the Courts below. But their Lordships have no hesitation in holding that the course ought not, in any case, to be followed, unless the Court is satisfied that the evidence upon which they are asked to decide establishes beyond doubt that the facts if fully investigated, would have supported the new plea.’
Citations:
[1892] AC 473, [1892] UKPC 45
Links:
Cited by:
Cited – DNB Mortgages v Bullock and Lees CA 28-Jan-2000
An application on an appeal to allow a new point to be argued should not in any event be entertained unless the facts proposed to found the point, if fully investigated, were clear beyond reasonable doubt. The higher level of proof was set down in . .
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Commonwealth
Updated: 07 June 2022; Ref: scu.180398
