A re-trial should be ordered in a civil matter where a defendant sought to bring new cogent evidence which raised a prima facie case that the court had been deceived by the other party at trial. In this case the evidence could not have been obtained easily in readiness for the first trial, and therefore the old standard as set out in Ladd v Marshall was established, but the interests of justice also required that a new trial be ordered.
Citations:
Times 30-Mar-2001
Jurisdiction:
England and Wales
Litigation Practice
Updated: 08 May 2022; Ref: scu.85021