A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted.
Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, where that expert or witness has been cross-examined at a trial. ‘
Judges:
Waller LJ, Dyson LJ
Citations:
Times 16-Dec-2005, [2005] EWCA Civ 1419
Links:
Statutes:
Civil Procedure Rules 52.11(2)
Jurisdiction:
England and Wales
Citing:
Appeal from – Riyad Bank and others v Ahli United Bank (Uk) Plc ComC 1-Mar-2005
. .
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 – Hamilton v Al Fayed (2) CA 13-Oct-2000
A third party who financially supported a court action had no right to be joined as a party even at hearings at which decisions would be made which might affect his potential liabilities. Those who financially support proceedings must acknowledge . .
Cited by:
Cited – Allen v Matthews CA 13-Mar-2007
The defendants appealed an order refusing title by adverse possession to registered land. They denied that the limitation period had been restarted by their solicitor’s letter acknowledging the title.
Held: The letter must be read as a whole. . .
Lists of cited by and citing cases may be incomplete.
Financial Services, Damages
Updated: 21 June 2022; Ref: scu.235240
