- Explained — Patricia Kihembo v Disclosure and Barring Service 2023-12-21
“… largely limits itself to the evidence that was before the court below and only allows fresh evidence if it satisfies the conditions set out in Ladd v Marshall [1954] 1 WLR 1489. Laws LJ explained the basis of that approach in Subesh v Secretary of State for the Home Department [2004] EWCA Civ 56, [2004] Imm. A.R. 112:…”
- Cited — Kei Kin Hung v Hua She Asset Management (Shanghai) Company Limited 2023-12-13
“…n any of the criticisms advanced by Mr Hollander. So far as concerns the “fresh evidence”, it does not satisfy the test for admissibility under Ladd v Marshall [1954] 1 WLR 1489.…”
- Doubted — Dahir Elmi Abdi & Ors v Entry Clearance Officer 2023-12-07
“…Mr Skinner submitted that this required fulfilment of the familiar criteria laid down in Ladd v Marshall [1954] 1 WLR 1489, and that they were not fulfilled in this case. I have some doubt whether a record of what happened at first instance in the form of a transcript attracts the …”
- Cited — Shahanas Kanhirakandan v The Secretary of State for the Home Department 2023-11-06
“…e evidence to impugn the findings at [10] of the First-tier Tribunal’s decision. There was no mistake of material fact; rather, the criteria in Ladd v Marshall [1954] 1 WLR 1489 governed the application for late admission of evidence and those criteria were not met.…”
- Explained — H (Children: Placement Orders), Re 2023-10-25
“…The parties recognised that the test in Ladd v Marshall [1954] 1 WLR 1489, as explained in subsequent decisions of this court, determines whether further evidence will be admitted on appeal. However, the explanation given for seeking…”
- Applied — Disclosure and Barring Service v JHB 2023-08-17
“… 43 the UT contrasted appeals to this court with appeals from administrative decision makers. Section 4 applied in the second type of case, and Ladd v Marshall [1954] 1 WLR 1489 did not apply. The UT could hear evidence which was not before the DBS (paragraph 43). There was a range of possibilities. If the UT heard no new evidence, the…”
- Cited — Brian Richard Bowser v Julie Ann Smith & Anor 2023-08-01
“…on of fresh evidence on an appeal under CPR rule 52.21(2) is still governed, for most practical purposes, by the well-known criteria set out in Ladd v Marshall [1954] 1 WLR 1489 (CA). In short, the criteria are:…”
- Doubted — Re B (A child) (Fact-finding) 2023-07-31
“…der CPR rule 52.21(2). This submission gave rise to potentially interesting arguments as to whether the application satisfied the principles in Ladd v Marshall [1954] 1 WLR 1489 but, given the view I have come to that the appeal must be allowed, it is unnecessary to consider those arguments here. No doubt the emoji will be relied on by…”
- Cited — E (A Child: Care Proceedings Fact Finding) 2023-07-19
“…was more or less contemporaneous with VA1. But it adds nothing to VA1. For VA3 to be admitted, it would be necessary for it to pass the test in Ladd v Marshall [1954] 1 WLR 1489 i.e. that it probably would have had an important influence on the result of the case. It will be apparent from everything I have said thus far that VA3 would …”
- Explained — William Andrew Tinkler v Esken Limited (formerly Stobart Group Limited) 2023-06-09
“…ide a judgment for fraud. It is quite different from an application to adduce fresh evidence after judgment under the principles enunciated in Ladd v. Marshall [1954] 1 WLR 1489 (Ladd v. Marshall). Sir George Jessell MR explained the position in Flower at pages 299-300 where he said that the old procedure was not affected by the Judica…”
- Cited — AB v Worcestershire County Council & Anor 2023-05-17
“…ly receive evidence that was not before the lower court. The appeal court has a discretion to permit fresh evidence. The criteria identified in Ladd v Marshall [1954] 1 WLR 1489 continue to be used in determining whether as a matter of discretion evidence should be admitted: see, for example, Terluk v Berezovsky [2011] EWCA Civ 1534. W…”
- Considered — Sahra Moge v London Brough of Ealing 2023-04-27
“…It is convenient first to consider the law relating to the deployment of fresh evidence in civil appeals. The locus classicus is Ladd v Marshall [1954] 1 WLR 1489, 1491 where three criteria were articulated by Denning LJ as he then was: (1) the evidence could not with reasonable diligence have been obtained for use at th…”
- Cited — SWP, R (on the application of) v Secretary of State for the Home Department 2023-04-25
“…It is well established that the principles in Ladd v Marshall [1954] 1 WLR 1489, at 1491 (Denning LJ) remain relevant to the exercise of the Court’s discretion: (1) the evidence could not with reasonable diligence have been obtained for us…”
- Cited — Sophia Cannon v Bar Standards Board 2023-03-16
“…d been given, it would have probably have had an important influence on the result of the case and (3) the evidence is apparently credible: see Ladd v Marshall [1954] 1 WLR 1489. That is no longer a rule but those three factors are the relevant considerations governing the exercise of the discretion to admit new evidence: see Terluk at…”
- Cited — Anan Kasei Co Limited & Anor v Neo Chemicals & Oxides (Europe) Limited & Ors 2023-01-17
“…On an application to adduce fresh evidence on appeal, the criteria laid down in Ladd v Marshall [1954] 1 WLR 1489 are not primary rules which place the court in a straightjacket, but they remain central to the exercise of the court’s discretion conferred by CPR rule 52.11(…”
- Considered — Paola Dore & Anor v EasyJet Airline Company Ltd 2022-11-23
“…s a discretion to permit fresh evidence to be admitted, which is to be exercised in accordance with the overriding objective. The principles in Ladd v Marshall [1954] 1 WLR 1489, which were founded on a different basis in the rules, do nevertheless remain relevant not as rules but as matters which must necessarily be considered in the …”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…The evidence is said by the claimants clearly to satisfy the requirements of Ladd v Marshall [1954] 1 WLR 1489: it could not have been obtained with reasonable diligence for use at the hearing below; it would probably have an important influence on the result of the cas…”
- Considered — The Secretary of State for Transport v Elliott Cuciurean 2022-05-16
“…ence on appeal; and even if there had been it is not easy to see how evidence about Mr Cuciurean’s means would have satisfied the guidelines in Ladd v Marshall [1954] 1 WLR 1489. Although Ms Hall’s statement was apparently before the judge when he came to consider an application for permission to appeal, by that time he had made his de…”
- Cited — David Greene v David Davies 2022-03-29
“…its decision” and was not “causative of the impugned judgment being obtained in the terms it was”. On top of that, District Judge Stewart cited Ladd v Marshall [1954] 1 WLR 1489 and noted that the emails could have been produced at the 2012 trial.…”
- Cited — The Secretary of State for the Home Department v Krupaliben Sanikumar Patel 2022-01-21
“…st and second appeals involved the same parties. That provided prima facie justification for drawing a parallel with principles to be drawn from Ladd v Marshall[1954] 1 WLR 1489. In Ladd v Marshall the court was concerned with the circumstances in which fresh evidence could be admitted on appeal to justify a new trial. By definition th…”
- Explained — Colin White v Merwin Amirthan Amirtharaja 2022-01-13
“…ent, as explained in more detail below, Michael Green J refused this amendment as well, holding that the fresh evidence did not meet the test in Ladd v Marshall[1954] 1 WLR 1489.…”
- Cited — Colin White v Merwin Amirthan Amirtharaja 2022-01-13
“…strengthen the evidence in relation to the paper title. The application is made under CPR 52.21(2) and Mr Thorowgood says that it satisfies the Ladd v Marshall [1954] 1 WLR 1489 tests for when new evidence should be admitted on an appeal.…”
- Cited — Zakia Sultana v Secretary of State for the Home Department 2021-12-09
“…ve been obtained with reasonable diligence for the hearing before Judge Randall. It was said that this proposition flowed from the principles in Ladd v Marshall[1954] 1 WLR 1489. Finality of litigation meant that the SSHD was prevented from gathering further evidence to justify a refusal of the appellant’s application for leave to rema…”
- Doubted — HRH The Duchess of Sussex v Associated Newspapers Limited 2021-12-02
“…I would admit the new evidence as a matter of pure pragmatism. I very much doubt that the criteria for the admission of new evidence set out in Ladd v. Marshall[1954] 1 WLR 1489 are satisfied in respect of it, but the parties have both filed numerous argumentative documents and correspondence referring to it. Indeed, their draft amende…”
- Applied — Re C (A Child) (Child Abduction: Parent’s refusal to return with child) 2021-08-10
“…ormal application had been made to admit fresh evidence and Mr Gupta submitted that that the report was not material to which the principles in Ladd v Marshall [1954] 1 WLR 1489 applied. It was, he submitted, simply a document that may well assist the court. The court refused the application to admit the new material. Civil Procedure R…”
- Applied — Stokoe Partnership Solicitors v Grayson & Ors 2021-04-30
“…In my view the fresh evidence should be formally admitted. It is well established that the principles of Ladd v Marshall [1954] 1 WLR 1489 do not apply in their full rigour to appeals against interlocutory decisions. It would be wholly artificial to ignore pleadings served since the order of Willi…”
- Cited — H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) (Rev 2) 2021-03-30
“…would inevitably have satisfied the Ladd v Marshall [1954] EWCA Civ 1, [1954] 1 WLR 1489, fresh evidence test.…”
- Cited — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…sh evidence is to be found in CPR Part 52. 21 (2). The general principles on which that power are exercised are in essence those established by Ladd v Marshall [1954] 1 WLR 1489, viz (1) the evidence could not have been obtained with reasonable diligence for use at the trial; (2) the evidence must be such that, if given, it would proba…”
- Cited — Canada Square Operations Ltd v Potter 2021-03-11
“… some of which was not before Recorder Rosen or Jay J. Mr Kimmins objected to the introduction of that material. It did not satisfy the test in Ladd v Marshall [1954] 1 WLR 1489since it had been available to Mrs Potter and known to her at those earlier stages. A similar point was made before this court in Zipvit Ltd v Revenue and Custo…”
- Applied — A (Child Abduction: Article 13b) 2021-03-09
“…Applying the relevant considerations laid down in Ladd v Marshall [1954] 1 WLR 1489, the evidence in the GP letters is credible and could not have been obtained at the trial. The remaining question is whether the information they contain would…”
- Cited — Dale v Banga & Ors 2021-02-24
“…that there is an inconsistency between the two lines of authority upon which the opposing parties to this appeal rely. On the one hand there is Ladd v Marshall [1954] 1 WLR 1489 which suggests that, where fresh evidence is properly admitted and it appears to the court that it might, if admitted, have had an important effect on the tria…”
- Cited — Al-Siri, R (On the Application Of) v Secretary of State for the Home Department 2021-02-08
“…[1954] 1 WLR 1489.…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…ew evidence must be such as “entirely changes the aspect of the case”. This is perhaps a little stronger that that suggested by Denning LJ in Ladd v. Marshall, [1954] 1 WLR 1489, 1491 as justifying the reception of fresh evidence by the Court of Appeal in a civil action, viz, that the evidence…”
- Cited — W (Children: Reopening/recusal) 2020-12-15
“…[1954] 1 WLR 1489…”
- Applied — Gray v Global Energy Horizons Corporation 2020-12-09
“…new evidence in accordance with the criteria applied by an appeal court, which usually involves satisfying the tests laid down by this court in Ladd v Marshall [1954] 1 WLR 1489. 349.We find it convenient to begin with the second of these grounds.…”
- Cited — O'Neill v Holland 2020-11-27
“…vidence, if admitted, could not “have an important influence on the result of the case”, to quote from the second of the familiar conditions in Ladd v Marshall [1954] 1 WLR 1489 (CA) at 1491.…”
- Cited — AIC Ltd v The Federal Airports Authority of Nigeria 2020-11-26
“…The reference to Ladd v Marshall [1954] 1 WLR 1489 relates to an application to admit new evidence after judgment has been handed down. The three factors are: (i) The evidence could not have been obtained witho…”
- Applied — T and J (Children) 2020-10-20
“… 353, however, the pre-CPR cases “remain of relevance and indeed of powerful persuasive authority”. Foremost amongst those cases is, of course, Ladd v Marshall [1954] 1 WLR 1489, although in cases relating to children the principles identified in that case are said to be less strictly applied: Re W (Children) [2009] EWCA Civ 59. Mr Ped…”
- Cited — Swift v Carpenter & Anor 2020-10-09
“…The Respondent noted the principles laid down in the well-known case of Ladd v Marshall [1954] 1 WLR 1489 and the provisions of CPR 52.21(2)(b), stipulating that this court will not receive evidence which was not before the lower court “unless it orders otherwise”.…”
- Cited — Bridges, R (On the Application Of) v South Wales Police 2020-08-11
“…tion to permit such evidence under CPR 52.21(2). It is well-established that the discretion is to be exercised having regard to the criteria in Ladd v Marshall [1954] 1 WLR 1489: see Terluk v Berezovsky [2011] EWCA Civ 1534, at [31]-[32] (Laws LJ).…”
- Cited — Hancock v Promontoria (Chestnut) Ltd 2020-07-14
“…he familiar requirements for the admission of fresh evidence on an appeal: see CPR rule 52.21(2)(b) and the principles set out by this court in Ladd v Marshall [1954] 1 WLR 1489 which still encapsulate the relevant considerations. The second of those principles is that the evidence must be such that, if given, it would probably have an…”
- Applied — Price & Ors v Flitcraft Ltd & Ors 2020-07-09
“…The criteria formerly applied under the Rules of the Supreme Court to the admission of further evidence, based on the judgment of Denning LJ in Ladd v Marshall [1954] 1 WLR 1489, continue to be highly relevant, although the court must, first and foremost, give effect to the overriding objective of doing justice at proportionate cost. T…”
- Applied — Point West GR Ltd v Bassi & Ors 2020-06-24
“…es be mounted on the ground that fresh evidence has come to light. Such an appeal may be allowed where the evidence satisfies the principles in Ladd v Marshall [1954] 1 WLR 1489. If a party applies to the FTT for permission to appeal to the UT on that basis, and the FTT considers that the appeal is likely to succeed, then it may decide…”
- Cited — Point West GR Ltd v Bassi & Ors 2020-06-24
“…Marshall [1954] 1 WLR 1489 have been satisfied. The first of…”
- Cited — Swift v Carpenter 2020-02-20
“…Marshall [1954] 1 WLR 1489 and the provisions of the Civil Procedure Rules (“CPR”) 52.21(2)(b). The respondent also relied on the observation of Mummery LJ in Transview Properties Ltd v …”
- Cited — Corrigan v Chelsea Football Club Ltd 2019-11-19
“…ence of such a kind, if to be relied upon, could and should have been raised in the proceedings below and could not satisfy the requirements of Ladd v Marshall [1954] 1 WLR 1489 and at all events should not be admitted under CPR 52.21(2). To foreshorten argument, we indicated at the outset of the hearing that the court would in the fir…”
- Cited — N (A Child) 2019-11-19
“…Quite properly, no objection is taken by any of the parties to the evidence being now admitted. Whilst it is arguable that the first limb of Ladd v Marshall [1954] 1 WLR 1489 has not been satisfied (as it might be said that the evidence could previously have been obtained with “reasonable diligence”), this is precisely the type of c…”
- Cited — Curless v Shell International Ltd 2019-10-22
“…g the new evidence would not further the Overriding Objective but would undermine it. The emails do not simply fall short of the requirement in Ladd v Marshall [1954] 1 WLR 1489 that they would probably have an important influence on the result of the appeal. The reality is that they are manifestly incapable of having any bearing on th…”
- Cited — E (Children: Reopening Findings of Fact) 2019-08-14
“…le 21(2). When overseeing the gateway, the court seeks to give effect to the overriding objective of doing justice, and the pre-CPR decision of Ladd v Marshall [1954] 1 WLR 1489 remains powerful persuasive authority: see Sharab v Al-Saud [2009] EWCA Civ 353 and generally the discussion in the White Book 2019 at 52.21.3.…”
- Cited — Kabir v The Secretary of State for the Home Department 2019-07-09
“…ree further grounds: (1) the fresh evidence did not meet the requirements for being admitted on an appeal, either pursuant to the principles in Ladd v Marshall [1954] 1 WLR 1489 or those appearing in E and R v Secretary of State [2004] EWCA Civ 49;…”
- Cited — Ullah v The Secretary of State for the Home Department 2019-04-03
“…fraud which is relevant, credible and not previously available without due diligence in accordance with the well known principles enunciated in Ladd v Marshall [1954] 1 WLR 1489.”…”
- Cited — Elite Property Holdings Ltd & Anor v Barclays Bank Plc 2019-02-21
“… could, with reasonable diligence, have been deployed earlier in the proceedings and that they would not overcome the first limb of the test in Ladd v Marshall [1954] 1 WLR 1489. However, it was stated that the more generous approach adopted in Tajik Aluminium Plant v Ermatov & Ors [2008] EWCA Civ 54, which was an appeal in relation to…”
- Applied — Huawei Technologies Co, Ltd v Conversant Wireless Licensing S.A.R.L. 2019-01-30
“…ich the evidence went further than the judge’s conclusion, and it was too speculative to allow its admission under the CPR, applying the former Ladd v Marshall [1954] 1 WLR 1489 guidelines by analogy. He also submitted that the material had been available to the parties before the judge’s order was sealed, and ought to have been brough…”
- Followed — Martin v Martin (Rev 1) 2018-12-21
“…We refused permission at the hearing. My reasons for doing so are as follows. First the proposed evidence did not fall within Ladd v Marshall [1954] 1 WLR 1489. Secondly, it is, in effect, seeking to re-open the hearing below on the basis of new evidence which would result, as Mr Pointer submitted, in rolling litigati…”
- Applied — KC (Gambia) v The Secretary of State for the Home Department 2018-12-20
“…ce had the appeal not succeeded on the first ground. Except for the new country guidance, the material predates the hearing in the UT. Applying Ladd v Marshall [1954] 1 WLR 1489, the first requirement (that it could not have been obtained with reasonable diligence for use at the trial) is not remotely satisfied. Nor for that matter has…”
- Cited — British Telecommunications Plc v BT Pension Scheme Trustees Ltd & Anor 2018-12-04
“…2)(b) must be exercised in accordance with the overriding objective. In determining whether the discretion should be exercised, the criteria in Ladd v Marshall [1954] 1 WLR 1489 are no longer the primary rules constitutive of the Court’s power, but nevertheless, are highly relevant to the exercise of the discretion: Terluk v Berezovsky…”
- Cited — KV, R (on the application of) v Secretary of State for the Home Department 2018-11-08
“…further evidence is admissible. The criteria which must be satisfied before fresh evidence will be admitted on an appeal are those specified in Ladd v Marshall [1954] 1 WLR 1489, 1491, being (1) that the evidence could not have been obtained with reasonable diligence for use in the proceedings at first instance, (2) that the evidence, …”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…of challenging a judgment obtained by fraud is by appealing and seeking to adduce fresh evidence in accordance with the conditions laid down in Ladd v Marshall [1954] 1 WLR 1489, namely that the evidence:…”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…that there is an inconsistency between the two lines of authority upon which the opposing parties to this appeal rely. On the one hand there is Ladd v Marshall [1954] 1 WLR 1489 which suggests that, where fresh evidence is properly admitted and it appears to the court that it might, if admitted, have had an important effect on the tria…”
- Applied — Re W (A Child) 2018-08-15
“…This would avoid the need for the parties to come to the Court of Appeal which would apply the test in Ladd v Marshall [1954] 1 WLR 1489 perhaps in a modified form; see In re S (A Child) (Abduction: Custody Rights) [2001] 1 WLR 3355, [26]. If that test was satisfied the original order would have…”
- Cited — Zipvit Ltd v The Commissioners for HMRC 2018-06-29
“…ts should not be admitted in evidence for the purposes of the present appeal pursuant to CPR Rule 52.21(2) because the well-known conditions in Ladd v Marshall [1954] 1 WLR 1489, 1491 were clearly not satisfied, and there was no overriding reason why HMRC should at this late stage be allowed to rely on evidence which was available and …”
- Cited — First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd 2018-06-19
“…ndlords adopted before the judge. The additional evidence was plainly available at trial, and therefore fails to satisfy the first criterion in Ladd v Marshall [1954] 1 WLR 1489. Mr Steinfeld QC, on behalf of the landlords, also accepted that his point on Article 32 would fare just as well without the additional evidence which, he said…”
- Cited — MM (Malawi) & Anor, R (on the application of) v The Secretary of State for the Home Department 2018-06-12
“…in fresh evidence, in circumstances in which the evidence was available at the time of the tribunal hearing and it does not satisfy the test in Ladd v Marshall [1954] 1 WLR 1489.…”
- Cited — The National Guild of Removers & Storers Ltd v Bee Moved Ltd & Ors 2018-06-12
“…[1954] 1 WLR 1489 remain not only relevant to the exercise of the discretion but are powerfully persuasive:…”
- Cited — Payne & Anor v Payne 2018-05-04
“…permission for fresh evidence if it could with reasonable diligence have been adduced at trial, in accordance with the well-known principles in Ladd v Marshall [1954] 1 WLR 1489 (CA), those principles do not place the court in a straitjacket, and there are times when the overriding objective of enabling the court to deal with cases jus…”
- Cited — Khrapunov v JSC BTA Bank 2018-04-24
“…urt’s discretion under the CPR whether to admit fresh evidence remains closely in line with that established under the previous rules regime in Ladd v Marshall [1954] 1 WLR 1489, which reflects factors relevant to the application of the overriding objective in CPR Part 1. CPR Part 52.11(3) (now Part 52.21(3)) provides that this court w…”
- Cited — Openwork Ltd v Forte 2018-04-18
“…It is common ground that the admission of fresh evidence turns on the application of the overriding objective and the principles set out in Ladd v. Marshall [1954] 1 WLR 1489 CA. The applicant must show that: (1) the evidence could not have been obtained with reasonable diligence for use at the trial; (2) the evidence must be such t…”
- Followed — Re M (Children) 2018-03-28
“…the admission of the Cansford evidence as fresh evidence on this appeal, Mr Rowley makes these submissions, following the criteria laid down in Ladd v Marshall [1954] 1 WLR 1489:…”
- Cited — Okpabi & Ors v Royal Dutch Shell Plc & Anor (Rev 1) 2018-02-14
“…robably have an important, although not necessarily decisive, influence on the result; and (3) is apparently credible: see CPR Part 52 .21(2), Ladd v. Marshall [1954] 1 WLR 1489 CA and White Book 1 52.21.3.…”
- Explained — Okpabi & Ors v Royal Dutch Shell Plc & Anor (Rev 1) 2018-02-14
“…s fresh evidence (para. [78]), but I would also admit the evidence set out in her witness statement itself. In my view it satisfies the test in Ladd v Marshall [1954] 1 WLR 1489, CA, for admission of fresh evidence. Ms Sedgwick explains why she did not come forward before and it is clear that it was not evidence available to the claima…”
- Cited — Anderson v Spencer 2018-02-07
“…ns should have been the subject of an application to adduce additional evidence. In my judgment any such application would have been refused on Ladd v Marshall [1954] 1 WLR 1489, principles. The judge, having had evidence on this critical issue from the hospital, and his conclusions not having been the subject of appeal, it seems to me…”