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Ashley Cukier in successful High Court defence to Fresh Evidence application

The High Court yesterday handed down its judgment in Promontoria (Oak) Limited v Emanuel [2019] EWHC 2896 (Ch) in respect of an application by the appellants to adduce fresh evidence on appeal, pursuant to CPR r.52.21.

In refusing the application, Mr Justice Marcus Smith held that the proposed ‘fresh’ evidence “did not come close” to fulfilling the second requirement of Ladd v Marshall [1954] 1 WLR 1489 (that the new evidence would have had an important influence on the result of the case) and thus could not be relied upon by the appellants on appeal.

A copy of the judgment can be found here.

Ashley Cukier was led by Jamie Riley QC, instructed by Addleshaw Goddard.

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