Promontoria (Oak) Ltd v Emanuel & Anor

Promontoria (Oak) Ltd v Emanuel & Anor

The application to admit new evidence fails because the evidence would not have had an important influence on the result and is not required for the grounds of appeal. The application to introduce a new ground of appeal alleging fraud is refused because such allegations must be pursued in a separate action, not on appeal.

Parties
Claimant/respondent: Promontoria (Oak) Limited; Defendant/appellant: Nicholas Michael Emanuel; Defendant/appellant: Nicola Jane Emanuel
Jurisdiction
England and Wales
Judgment Date
29 October 2019
Procedural Posture
Civil Appeal / Application to Admit New Evidence and Amend Grounds of Appeal
Outcome
Applications refused
Legal Topics
Assignment of Debts, Admissibility of Evidence, Appeal Procedure, Fraud in Judgments
Civil Procedure Contract Law Assignment of Debts Admissibility of Evidence Appeal Procedure Fraud in Judgments

Case Brief

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Parties

Promontoria (Oak) Limited

Claimant/respondent

Nicholas Michael Emanuel

Defendant/appellant

Nicola Jane Emanuel

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Admit New Evidence and Amend Grounds of Appeal

Legal Issues

  1. 1 Whether new evidence should be admitted on appeal under Ladd v Marshall principles
  2. 2 Whether an additional ground of appeal alleging fraud should be allowed
  3. 3 Whether the Recorder erred in admitting redacted assignment deed as evidence of title

Ratio Decidendi

The application to admit new evidence fails because the evidence would not have had an important influence on the result and is not required for the grounds of appeal. The application to introduce a new ground of appeal alleging fraud is refused because such allegations must be pursued in a separate action, not on appeal.

Court Disposition

Applications refused

Orders

  • Application to admit new evidence refused
  • Application to amend grounds of appeal to add fraud ground refused