Sun Bank Plc v Wootten & Anor

Sun Bank Plc v Wootten & Anor

The application to admit fresh evidence fails because the evidence is inconsistent, unreliable, and does not satisfy the Ladd v Marshall criteria; Mrs Dursley is unwilling to testify, and the evidence could have been obtained with reasonable diligence for use at the trial. There is no general latitude to order a re-trial outside these principles.

Parties
Claimant: Sun Bank Plc; First Defendant: Roger Patrick Wootten; Second Defendant/appellant: Mary Ellen Wootten; Interested Party: Kim Wilkinson; Witness: Alison Dursley
Jurisdiction
England and Wales
Judgment Date
15 October 2004
Procedural Posture
Civil Appeal / Appeal From Medway County Court Decision
Outcome
appeal dismissed
Legal Topics
Admission of Fresh Evidence, Mortgage Possession, Forgery Allegations, Re Trial Criteria
Civil Procedure Property Law Admission of Fresh Evidence Mortgage Possession Forgery Allegations Re Trial Criteria

Case Brief

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Parties

Sun Bank Plc

Claimant

Roger Patrick Wootten

First Defendant

Mary Ellen Wootten

Second Defendant/appellant

Kim Wilkinson

Interested Party

Alison Dursley

Witness

Procedural Posture

Civil Appeal / Appeal From Medway County Court Decision

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether alleged forgery of mortgage deed and deed of consent warrants a re-trial

Ratio Decidendi

The application to admit fresh evidence fails because the evidence is inconsistent, unreliable, and does not satisfy the Ladd v Marshall criteria; Mrs Dursley is unwilling to testify, and the evidence could have been obtained with reasonable diligence for use at the trial. There is no general latitude to order a re-trial outside these principles.

Court Disposition

appeal dismissed

Orders

  • application for permission to rely on further evidence refused
  • appeal dismissed