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New evidence - not grounds enough for an appeal

18 October 2013

In the case of Ogytogullari v Zaman, the Court of Appeal held that it was not appropriate to admit fresh evidence in an appeal because it was not possible to say that, had that evidence been before the lower court, it would probably have had an important influence on the outcome of the case.

This case involved a claim for misrepresentation, which had been supported, in part, by a witness of fact whom the lower court found to be unreliable. The appeal was based on further evidence from a second witness who collaborated the first witness’ evidence.

On hearing the appeal the court held that, the possible relevance of the fresh evidence had to be considered in the context of the case as a whole, including all other evidence before the court.

Accordingly, potential appellants must give careful consideration to the possible impact of new evidence before issuing an appeal, as the mere fact the evidence exists will not be enough for an appeal to succeed.

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