- Cited — Duchess of Bedford House RTM Company Limited & Ors v Campden Hill Gate Limited 2023-12-08
“…n a different shape if it had. Furthermore, if necessary, the Appellants can be adequately protected in costs. It seems to me that the criteria in Singh v Dass [2019] EWCA Civ 360 per Haddon-Cave LJ at [16]-[18] are satisfied, therefore.…”
- Cited — Rehana Azhar v All Money Matters T/A TFC Home Loans 2023-11-16
“…HHJ Lethem referred to the relevant authorities on the principle, culminating in Singh v Dass [2019] EWCA Civ 360 and Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146. In the latter case Snowden J said that there was a spectrum of cases. He continue…”
- Applied — Harmohinder Singh Gill (as Trustee of the Gillcrest UK Pension Scheme) v Lees News Limited 2023-10-12
“…previously approved by them. But as Richards J pointed out at [55] this was not an issue raised before the trial judge. Applying the principles in Singh v Dass [2019] EWCA Civ 360 he refused permission for it to be introduced on appeal. On the face of it, this is one of the grounds of appeal for which Newey LJ has given permission to app…”
- Applied — Blacklion Law LLP v Amira Nature Foods Ltd & Anor 2023-06-15
“…ult case. It does not fall neatly into the authorities which have considered the test to be applied where new matters are raised on appeal such as Singh v Dass [2019] EWCA Civ 360, Notting Hill Finance vSheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146 and Hudson v Hathaway (supra). None of those cases addressed a situation where it was said…”
- Doubted — Blacklion Law LLP v Amira Nature Foods Ltd & Anor 2023-06-15
“…There is no doubt that the court has the power to entertain a new point on appeal. In Singh v Dass [2019] EWCA Civ 360 Haddon-Cave LJ set out the principles which this court generally applies in deciding whether a new point may be advanced on appeal:…”
- Explained — Amarjit Bhaur & Ors v Equity First Trustees (Nevis) Limited & Ors 2023-05-18
“…s actions. On the basis of the approach to such applications which I explained in Notting Hill Finance v Sheikh [2019] EWCA Civ 1337, referring to Singh v Dass [2019] EWCA Civ 360, those factors told heavily against permitting Mr. O’Toole to re-engage with proceedings and to contest the allegations against him at the appeal stage.…”
- Approved — Altrad Services Limited & Anor v The Commissioners for HMRC 2023-05-03
“…ondon Borough of Waltham Forest [2023] EWCA Civ 322 at [82]. If Ground 2 is a new ground of appeal, the Court should take the approach outlined in Singh v Dass [2019] EWCA Civ 360 per Lord Justice Haddon-Cave at [15]-[18] (approved in Notting Hill Finance Ltd v Sheikh 2019] EWCA Civ 1337;[2019] 4 WLR 146):…”
- Cited — Nadia Zaman v London Borough Of Waltham Forest 2023-03-24
“…Turning to Mr Calzavara’s second contention, he cited in that connection Singh v Dass [2019] EWCA Civ 360, where Haddon-Cave LJ said this:…”
- Cited — Zymurgorium Ltd v Hammonds of Knutsford Plc 2023-01-30
“…eal. But it will not generally allow a new point to be taken if, had it been run below, it would have resulted in the trial being run differently (Singh v Dass [2019] EWCA Civ 360 at [17] per Haddon-Cave LJ). This is very well settled law and dates back to at least The Tasmania (1890) 15 App Cas 223 where Lord Herschell said at 225 that …”
- Doubted — Lee Hudson v Jayne Hathway 2022-12-14
“…There is no doubt that the court has the power to entertain a new point on appeal. In Singh v Dass [2019] EWCA Civ 360 Haddon-Cave LJ set out the principles which this court generally applies in deciding whether a new point may be advanced on appeal:…”
- Cited — Re A (A Child) 2022-07-01
“…n no need for the Judge to undertake his own legal determination but was entitled to accept the clear conclusion in that report. He also relied on Singh v Dass [2019] EWCA Civ 360, at [17], in support of his submission that the mother’s new case would require new evidence and/or would have led to the hearing below being conducted differe…”
- Cited — The Mayor and Burgesses of the London Borough of Tower Hamlets v Ali Jivaraj Khan 2022-06-21
“…t is of course the case that this Court sometimes allows new points to be taken on appeal. The relevant principles have been discussed recently in Singh v Dass [2019] EWCA Civ 360 and Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146. On the other hand, just as a trial is “not a dress rehearsal” but “the first and …”
- Cited — Bilal Ali (as personal representative of Farzand Ali (Deceased)) v Laith Khatib (as personal representative of Fateh Bubu (Deceased)) & Ors. 2022-04-08
“…[2019] EWCA Civ 360…”
- Applied — Times Travel (UK) Limited & Anor. v Pakistan International Airlines Corporation 2022-03-29
“…In Singh v Dass [2019] EWCA Civ 360, Haddon-Cave LJ (with whom McCombe and Moylan LJJ agreed) summarised the principles which apply where a party seeks to raise a new point on appeal in these ter…”
- Explained — Jazztel Plc v The Commissioners for HMRC 2022-02-25
“… v Sheikh[2019] EWCA Civ 1337, [2019] 4 WLR 146, at [26]. As, however, was explained by Haddon-Cave LJ, with whom McCombe and Moylan LJJ agreed, in Singh v Dass[2019] EWCA Civ 360 at [15]-[17], an appellate court “will be cautious about allowing a new point to be raised on appeal that was not raised before the first instance court” and “…”
- Considered — Colin White v Merwin Amirthan Amirtharaja 2022-01-13
“…hat paper title was never pleaded by the Appellants and it was not an issue considered at the trial. He relied on Haddon-Cave LJ’s observations in Singh v Dass [2019] EWCA Civ 360 [15]-[18].…”
- Cited — Colin White v Merwin Amirthan Amirtharaja 2022-01-13
“…ere is no dispute as to the law. The principles applicable where a party seeks to raise a new point on appeal were summarised by Haddon-Cave LJ in Singh v Dass [2019] EWCA Civ 360 at [15]-[18]. These include the principle that an appellate court will not generally permit a new point to be raised on appeal if the point either requires new…”
- Cited — Griffiths v Tickle & Ors 2021-12-10
“…a point to be raised on appeal when it was not raised below are well-known. Two sources that are commonly cited are the judgments of this court in Singh v Dass [2019] EWCA Civ 360 [16-18], and Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146 [21-26]. The points of importance for the purposes of this case are the f…”
- Cited — Vestel Elektronik Sanayi Ve Ticaret A.S. & Anor v Access Advance LLC & Anor 2021-03-26
“… law arising from the same facts and evidence and the Court of Appeal can allow new points of law to be taken on appeal in such circumstances (see Singh v Dass [2019] EWCA Civ 360 and Notting Hill FinanceLtd v Sheikh [2019] EWCA Civ 1337).…”
- Cited — JSC VTB Bank v Skurikhin & Ors 2020-10-21
“…o put the allegation to them debars VTB from taking the point now. Further, I am satisfied that the three criteria identified by Haddon-Cave LJ in Singh v Dass [2019] EWCA Civ 360 at [18] for allowing a new ‘pure point of law’ to be raised are satisfied as Berenger (a) had ample time to deal with the points, having addressed it in detail…”
- Cited — Price & Ors v Flitcraft Ltd & Ors 2020-07-09
“…The rules as to raising new points on appeal after a trial on the merits are strict: for a recent summary see per Haddon-Cave LJ in Singh v Dass [2019] EWCA Civ 360 at [16] to [18]. The court is in the highest degree reluctant to allow fresh arguments to be deployed after a trial when the effect may be to require fresh evi…”
- Cited — Point West GR Ltd v Bassi & Ors 2020-06-24
“…ible for a new point of law to be taken on an appeal there are well-settled principles on which the court acts. They have been set out recently in Singh v Dass [2019] EWCA Civ 360. One of those principles is that permission to take a new point will not generally be granted where the new point would have affected the course of the evidenc…”
- Cited — Logfret (UK) Ltd v HM Revenue and Customs 2020-04-29
“…the trial would or might have been conducted differently as regards the evidence adduced. A recent example of the application of this principle is Singh v Dass [2019] EWCA Civ 360, where the point is stated by Haddon-Cave LJ at paragraph 17. He drew support from a decision Mullarkey v Broad, [2009] EWCA Civ 2, in which I gave the princip…”
- Cited — UK Learning Academy Ltd v Secretary of State for Education 2020-03-11
“…erous authorities; see, for example, Pittalis v Grant [1989] QB 605 at 611 per Nourse LJ, Jones v MBNA International Bank Ltd [2000] EWCA Civ 514, Singh v Dass [2019] EWCA Civ 360 at [15] – [18] per Haddon-Cave LJ. Where the new point raises a pure point of law, not requiring any further evidence or involving any injustice to the other p…”