- Appeal—admission of new evidence on appeal from an interim application (Price v Flitcraft)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case Details
Dispute Resolution analysis: In exercising its discretion to admit new evidence on an appeal the court must have regard to the overriding objective to do justice between the parties at proportionate cost. Although Ladd v Marshall was no longer to be regarded as a rule, it was nevertheless an important and persuasive authority and continued to identify the matters that the court must consider in deciding whether to exercise its discretion. On an appeal of an interim application, in this case an application for summary judgment, the degree of diligence to be expected of a party to obtain all relevant evidence for the hearing of the application was somewhat lower than that to be expected of a litigant preparing for trial and the new evidence must, either by itself or together with other evidence before the court, be such as to raise a triable issue. Written by David Fisher, barrister and associate member of New Square Chambers.
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