“…ised in the test stated in Ladd v Marshall remain matters which the court must consider in the exercise of its discretion: Hertfordshire Investments Ltd v Bubb [2000] 1 WLR 2318 at 2325. It is “powerful persuasive authority” (Sharab v Al-Saud [2009] EWCA Civ 353, [2009] 2 Lloyd’s Rep 160 at [52]) and, while the criteria are no longer p…”
“…which the appeal court will admit fresh evidence under CPR 52 are well understood (see also the judgment of Hale LJ in Hertfordshire Investments Limited v Bubb [2000] 1 WLR 2318 at 2325D–H [95]). However, in the light of our conclusions below on the issue of the Judge’s entitlement to admit Wainwright III, nothing turns on these princi…”
“…spect of which the appellant accepted that the principles set out in Ladd v Marshall applied – as considered by Hale LJ in Hertfordshire Investments Ltd v Bubb [2000] 1 WLR 2318, at 2324 and 2125).…”