Grounds of appeal—introducing new evidence


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Grounds of appeal—introducing new evidence


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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When will an appeal be allowed?

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 (CPR 52.11(3))

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

When can a new point be taken on appeal?

For guidance 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?

Admitting fresh evidence—the default position

The default position is set out in CPR 52.11(2), which provides:

‘Unless it orders otherwise, the appeal court will not receive ... (b) evidence which was not before the lower court.’

The effect of this, as held by the Court of Appeal in Hamid v Francis Bradshaw Partnership, is that ‘the default position is that fresh evidence is excluded’. The normal approach in an appeal

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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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