Unusually the court of appeal heard fresh oral evidence to assist in determing the appeal. Diaries had been discovered only after the trial, and the contents were of direct relevance. Ladd v Marshall might allow oral evidence on appeal in exceptional circumstances.
Lord Justice Ward, Lord Justice Sedley and Lord Justice Stanley Burnton
[2008] EWCA Civ 904, Times 27-Aug-2008
Bailii
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 . .
These lists may be incomplete.
Updated: 22 June 2021; Ref: scu.271262
