Source: All England Reporter
Publisher Citation: [2002] All ER (D) 247 (Jul)
Neutral Citation: [2002] EWHC 1435 (Ch)
Court: Chancery Division
Judge:

Laddie J

Representation Ian Mayes QC and Dale Martin (instructed by Arlingtons Sharmas) for the claimant.
  Alun Jenkins (instructed by Sohal & Co) for the defendants.
Judgment Dates: 16 July 2002

Catchwords

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 Case

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.

Practice Areas

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