Source: All England Reporter
Publisher Citation: [2002] All ER (D) 281 (Oct)
Court: Chancery Division

Pumfrey J

Representation Michael Edenborough and Simon Malynicz (instructed by Medyckyj & Co) for the claimant.
  James Mellor (instructed by Bristows) for the defendant.
Judgment Dates: 18 October 2002


Trade mark - Appeal - Evidence - Further evidence - Admissibility of further evidence - CPR Pt 52.

The Case

The effect of the regime for appeal under CPR Pt52 was that the tribunal of first instance had all the relevant material before it to determine the issue. There could be no second attempt to make good deficiencies in the case by adducing further evidence which was available at first instance.

Practice Areas

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