Grounds of appeal—introducing new evidence


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Grounds of appeal—introducing new evidence


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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The appeal court will only allow an appeal where the decision of the lower court was:

  1. •

    wrong, or

  2. •

    unjust because of a serious procedural, or other, irregularity in the proceedings in the lower court

For more information, see Practice Note: Grounds for appealing and preliminary considerations.

For more information on when the court will allow a new point to be taken on appeal, see Practice Note: Grounds for appealing and preliminary considerations—When will the court allow a new point to be taken on appeal?

When will the court allow fresh evidence on an appeal?

The appeal court has a discretion under CPR 52.21(2), as to whether to allow evidence on appeal that was not before the lower court.

The default position under the CPR, as held in Hamid v Francis Bradshaw Partnership, is that fresh evidence is excluded. The normal approach therefore is for the court to start with the findings of primary fact made by the court or tribunal below and examine whether that court or tribunal fell into legal error.

It

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pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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