Fresh evidence

Riyad Bank SAL and others v Ahli United Bank (UK) plc CA TLR 16 December

Under CPR rule 52.11(2), the Court of Appeal will not receive fresh evidence unless it orders otherwise. Under the previous Rules of the Supreme Court, there had to be special grounds for admitting fresh evidence and the same approach is to be taken under the CPR. The Court of Appeal had to be particularly cautious where what was intended was to put in further cross-examination of a witness, or an expert, where that expert or witness had been cross-examined at trial and it was sought to persuade the Court of Appeal to reverse the judge’s assessment of credibility or reliability, or to order a new trial. The defendant’s application to put in fresh evidence in its application for permission to appeal was refused.