Fresh Evidence on Appeal

The Court of Appeal has refused an application for permission to adduce fresh evidence on a second appeal. The principles governing the admission of fresh evidence on appeal are set out in Ladd v Marshall [1954] 1 WLR 1489.

This judgment provides clarification that a more stringent test will be applied on an application for permission to adduce fresh evidence on a second appeal, consistent with the requirements of CPR 52.13. It will be necessary to satisfy the court that the appeal raises an important point of principle or practice, or that there is some other compelling reason for the court to hear a second appeal.

(Wiemer v Redstone Mortgages [2014] EWCA Civ 81 (24 January 2014).)

Written by James Naylor

Partner, CG Naylor LLP.