| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 396 (Jul) |
| Neutral Citation: | [2008] EWCA Civ 904 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, Dyson and Lloyd LJJ |
| Representation | Geoffrey Brown (instructed by Barlow Lyde and Gilbert) for the claimant. |
| Stephen Jourdan (instructed by Burges Salmon) for the defendant. | |
| Judgment Dates: | 30 July 2008 |
Catchwords
Evidence - Fresh evidence - Appeal - Judge finding family dispute in relation to land of which father left to his three sons in favour of defendant - Claimant relying on a diary as fresh evidence to challenge judge's credibility findings - Whether fresh evidence should be admitted.
The Case
Evidence Fresh evidence. An appeal against a decision in relation to land which the claimant alleged should be his on his father's death and that he and his two brothers agreed with their father that the remaining special milk quota should be shared equally between his brothers was allowed, where the claimant had relied on a diary as fresh evidence to challenge the judge's credibility findings.
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