When considering an application for a re-hearing of a County Court action in order to consider and admit new evidence, the county court and High Court practice is now the same and the judge should consider the list of questions in Ladd v Marshall, although the new procedural environment required that they be implemented less rigorously. The new evidence should not have been available at the time of the original trial, should be significant in its effect, and credible.
Hale LJ said: ‘The power to reopen a case after final judgment because of fresh evidence should be the same whatever the procedural route adopted. It would be most unjust if a party to county court proceedings could reopen matters when a party to High Court proceedings could not.’
Judges:
Swinton Thomas LJ, Sedley LJ, Hale LJ
Citations:
Times 31-Aug-2000, [2000] 1 WLR 2318, [2000] CPLR 588, [2001] CP Rep 38, [2000] EWCA Civ 3013
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Ladd 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:
Cited – Zarvos v Pradhan and another CA 7-Mar-2003
The landlord had occupied the premises as a restaurant, but subsequently let it to the respondents. The landlord opposed renewal of the tenancy saying that it intended to recommence trading, and now appealed a finding in favour of the tenant.
Cited – Secretary of State for Trade and Industry v Paulin ChD 13-May-2005
The director sought to appeal an order disqualifying him form acting as a company director.
Held: The disqualification proceedings were properly charactised as insolvency proceedings and therefore there was no requirement for permission to . .
Cited – Al-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 . .
Cited – Ali v Lane and Another CA 21-Nov-2006
The parties disputed the boundary between their neighbouring plots of land.
Held: In the modern law the conveyance (parchment or not) is undoubtedly the starting point. Where information contained in the conveyance is unclear or ambiguous, it . .
Cited – Judge v Judge and others CA 19-Dec-2008
The wife appealed against an order refusing to set aside an earlier order for ancillary relief in her divorce proeedings, arguing that it had been made under a mistake. The sum available for division had had deducted an expected liabiliity to the . .
Cited – Pritchard Englefield (A Firm) and Another v Steinberg QBD 11-Feb-2011
The defendant sought to set aside summary judgment against him in a defamation action relating to a publication on the internet. The action had been heard over several years with the defendant being unrepresented, ill or abroad.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 19 May 2022; Ref: scu.81341