“…e appeal court has a discretion to exercise. In deciding how to exercise that discretion this court held in Transview Properties Ltd v City Site Properties Ltd [2009] EWCA Civ 1255 at [23]:…”
“…The Respondent also relied on the observation of Mummery LJ in Transview Properties Ltd v City Site Properties Ltd [2009] EWCA Civ 1255 at paragraph 23, where he observed that if the reception of fresh evidence by the Court of Appeal would lead to a retrial then its admission should only be all…”
“…e Civil Procedure Rules (“CPR”) 52.21(2)(b). The respondent also relied on the observation of Mummery LJ in Transview Properties Ltd v City Site Properties Ltd [2009] EWCA Civ 1255 at paragraph 23, that, if the reception of fresh evidence by the Court of Appeal would lead to a retrial, then its admission should only be allowed “if imperat…”