A court hearing an appeal under the Act, and deciding whether or not to admit new evidence, must now bear in mind the overriding objectives of litigation as defined, and also the need for proportionality. In this case, the pre-hearing procedures had failed to identify the real issues between the parties, and justice required that additional evidence be admitted rather than the case be remitted for hearing.
Citations:
Gazette 02-Sep-1999, Times 02-Aug-1999
Jurisdiction:
England and Wales
Intellectual Property, Civil Procedure Rules
Updated: 18 July 2022; Ref: scu.81809
