EAT PRACTICE AND PROCEDURE: New evidence on appeal
Witness before Tribunal changed his evidence concerning a critical date from that which was in his witness statement. Tribunal made critical finding on that basis.
Application on appeal to adduce fresh evidence – Ladd v Marshall principles applied – evidence could not have been obtained with reasonable diligence for use at the Tribunal hearing – evidence would probably have had an important bearing on the hearing – evidence accepted to be credible.
Appeal allowed.
Citations:
[2009] UKEAT 0342 – 08 – 1002
Links:
Employment
Updated: 28 July 2022; Ref: scu.347170