“…oints of law not raised below pursuant to section 14 of the Tribunals, Courts and Enforcement Act 2007, see Miskovic v Secretary of State for Work and Pensions [2011] EWCA Civ 16; [2011] 2 CMLR 20. The discretion to hear new points of law on appeal should not be exercised if it would be unfair to another party or would place the court i…”
“…s findings would or might have been affected by evidence which was not adduced in the proceedings below; see Miskovic v. Secretary of State for Work & Pensions [2011] EWCA Civ 16 (Elias LJ at [68]-[70], Sedley LJ at [109]-[124] and Moore-Bick LJ at [126]-[134]), applied in an immigration context in GS (India) v. Secretary of State for t…”
“…tertain a new argument of law where that is in the interests of justice (though it will be slow to do so) – Miscovic v Secretary of State for Work and Pensions [2011] EWCA Civ 16 per Elias LJ at [69], Sedley LJ at [109-112] and Moore-Bick LJ at [134] – but these arguments relate entirely to an assessment of the facts and they cannot fai…”