Daly & Anor v Sheikh [2002] EWCA Civ 1630 (24 October 2002)

Daly & Anor v Sheikh [2002] EWCA Civ 1630 (24 October 2002)

Credible and cogent new evidence of forgery, which could not reasonably have been obtained at trial, should be admitted on appeal where it would probably have had a strong influence on the result; justice requires a new trial in light of such evidence.

Citation
[2002] EWCA Civ 1630
Parties
Claimant/applicant: Howard Daly; Claimant/applicant: Lynda Marilyn Daly; Defendant/respondent: Nomaan Sheikh
Jurisdiction
England and Wales
Judgment Date
24 October 2002
Procedural Posture
Civil Appeal / Permission to Appeal and Substantive Appeal From High Court Preliminary Issue Judgment
Outcome
Appeal allowed; permission to appeal granted; new evidence admitted; matter remitted for rehearing; costs reserved.
Legal Topics
Building Contracts, Novation, Forgery, Admission of Fresh Evidence on Appeal, CPR 52.11(2), Ladd V Marshall Principles
Contract Law Civil Procedure Building Contracts Novation Forgery Admission of Fresh Evidence on Appeal CPR 52.11(2) Ladd V Marshall Principles

Case Brief

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Parties

Howard Daly

Claimant/applicant

Lynda Marilyn Daly

Claimant/applicant

Nomaan Sheikh

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal and Substantive Appeal From High Court Preliminary Issue Judgment

Legal Issues

  1. 1 Whether the contract was novated to substitute Mr Sheikh personally for the company
  2. 2 Whether the signature and date on the contract were forged
  3. 3 Whether fresh evidence of forgery should be admitted on appeal

Ratio Decidendi

Credible and cogent new evidence of forgery, which could not reasonably have been obtained at trial, should be admitted on appeal where it would probably have had a strong influence on the result; justice requires a new trial in light of such evidence.

Court Disposition

Appeal allowed; permission to appeal granted; new evidence admitted; matter remitted for rehearing; costs reserved.

Orders

  • Permission to appeal granted
  • New evidence (forensic report) admitted