Tuesday, July 19, 2011

Principles Applicable on admitting Fresh evidence on Appeal

The classic restatement on the introduction of fresh evidence on appeal was made by Denning LJ in Ladd v. Marshall [1954] 1 W.L.R 1489 at 1491 when he said three conditions must be fulfilled:-
First, it must be shown that the evidence could not have been obtained with reasonable diligence for use at the first instance trial;
Second, the evidence must be such that, if given, it would probably have an important influence on the result of the case, although it need not be decisive; and
Third, the evidence must be apparently