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