Thune v London Properties Limited: CA 1990

The court considered the applicability of the principles in Ladd v Marshall to an appeal from an interlocutory order being an application for security for costs.
Held: The application to admit fresh evidence was refused. Bingham LJ: ‘There is nonetheless a clear duty on parties to present their full case at first instance, and it is very undesirable if interlocutory disputes are argued out afresh on appeal on different materials never put before the judge whose primary discretion it is. The defendants here, in my judgment, were put on inquiry and failed to deal with this point, although ease of enforcement is now known to be a very relevant consideration.’


Bingham LJ


[1990] 1 WLR 562


England and Wales


CitedLadd 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:

CitedAl-Koronky and Another v Time-Life Entertainment Group Ltd and Another CA 28-Jul-2006
The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 May 2022; Ref: scu.244088