||All England Reporter
|| All ER (D) 247 (Jul)
|| EWHC 1435 (Ch)
||Ian Mayes QC and Dale Martin (instructed by Arlingtons Sharmas) for the claimant.
||Alun Jenkins (instructed by Sohal & Co) for the defendants.
||16 July 2002
Evidence - Fresh evidence - Appeal - Application for retrial - Findings of dishonesty made against claimant - Claimant seeking to adduce new evidence to show he had been telling truth - Whether court should permit new evidence to be adduced.
The courts had to continue to consider the impact of Ladd v Marshall when considering applications for permission to adduce new evidence. The pressure to conduct litigation in a manner proportionate to what was at stake would be undermined if the effect of Ladd v Marshall were to impose on litigants an obligation to search for and produce at trial all evidence which might prove beneficial even when, on a reasonable assessment, it was unnecessary.
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