“…ch closer to a review of the decision under appeal. See the discussion of that range by May LJ in E I Dupont de Nemours & Co v S T Dupont [2003] EWCA Civ 1368, [2006] 1 WLR 2793 at [84]–[98].…”
“…”: Haringey LBC v Ahmed [2017] EWCA Civ 1861 [31]. The approach to be taken is discussed in Dupont de Nemours (EI) & Co v ST Dupont (Note) [2003] EWCA Civ 1368 [2006] 1 WLR 2793 [94]. It will always be relevant to consider the extent to which the trial judge had an advantage by virtue of seeing and hearing witnesses give evidence. That…”
“…On the question of the approach to the admission of fresh evidence on appeal, we were referred to E I Dupont de Nemours & Co v S T Dupont [2006] 1 WLR 2793. The principles on which the appeal court will admit fresh evidence under CPR 52 are well understood (see also the judgment of Hale LJ in Hertfordshire Investm…”
“…the norm for both processes of no oral evidence or evidence not before the lower court. The analysis of May LJ in E I Dupont de Nemours & Co v ST Dupont (Note) [2006] 1 WLR 2793, paras 92–98, is instructive on the overlap between the two, namely that a ‘rehearing’ in rule 52.11(1) may, at the lesser end of the range, merge with that of…”