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 Connecticut Fire Insurance Co v Kavanagh.
Citations:
Times 25-Mar-2000, [2000] EWCA Civ 20
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Connecticut Fire Insurance Co v Kavanagh PC 1892
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 31 May 2022; Ref: scu.147053