Summary judgment had been given under Order 86. A solicitor had acted gratuitously and in good faith for the other party in the sale of a cottage, subject to an option to repurchase the cottage at the same price after 21 years. He obtained summary judgement, but now appealed reversal of that by the Court of Appeal who had admitted new evidence.
Held: The House adapted the principle in Ladd -v- Marshall to appeals from summary judgments. On an application for leave to withdraw an admission a court will require an explanation for the making of the admission: ‘The explanation must be a sensible one based on evidence of a solid and substantial character.’ Here, leave to withdraw an admission was not permitted after judgment where the plaintiffs had spent two years and a great deal of money enforcing the judgment.
Lord Bridge observed: ‘The primary and most important question for decision by your Lordships’ House is whether, on hearing an appeal against a summary judgment given in favour of a plaintiff . . the Court of Appeal has an unfettered discretion to receive further evidence or whether it may only do so on special grounds.’ and ‘In other words, the judge can only give judgment for the plaintiff if satisfied that there are no such merits on the defendant’s side as to warrant giving leave to defend. In the ordinary use of language, a hearing leading to the conclusion that there are no merits to be tried is just as much a hearing ‘on the merits’ as a full scale trial of disputed issues’ and ‘In the situation arising on an appeal to the Court of Appeal from a summary judgment, the application of these conditions [in Ladd v Marshall ] and perhaps the conditions themselves will require some modification. It may well be that the standard of diligence required of a defendant preparing his case in opposition to a summons for summary judgment, especially if under pressure of time, will not be so high as that required in preparing for trial.’
Judges:
Lord Bridge
Citations:
[1982] 1 WLR 1123, [1982] 3 All ER 129
Jurisdiction:
England and Wales
Citing:
Cited – 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 – Williams v Attridge Solicitors (a Firm) CA 8-Jul-1997
The solicitor-defendants were seeking to prove a negative and to show at the very outset of the proceedings that the claim should be struck out without the need for any further inquiry. The court considered the admission of new evidence on an appeal . .
Cited – Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited CA 26-Feb-1998
The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 07 May 2022; Ref: scu.372632