Kaur v Matharu & Anor [2010] EWCA Civ 930 (23 June 2010)

Kaur v Matharu & Anor [2010] EWCA Civ 930 (23 June 2010)

The circuit judge was plainly wrong in exercising discretion to admit fresh evidence, as the material was not fundamentally new, the District Judge had already made clear credibility findings, and justice required finality; the appeal was allowed and the order admitting fresh evidence set aside.

Citation
[2010] EWCA Civ 930
Parties
Appellant: Kaur; Respondents: Matharu & Anr
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Appeal (family/ancillary Relief) / Appeal From Circuit Judge's Order Admitting Fresh Evidence
Outcome
Appeal allowed; order admitting fresh evidence set aside.
Legal Topics
Ancillary Relief, Admission of Fresh Evidence, TOLATA, Discretion in Appellate Proceedings
Family Law Civil Procedure Ancillary Relief Admission of Fresh Evidence TOLATA Discretion in Appellate Proceedings

Case Brief

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Parties

Kaur

Appellant

Matharu & Anr

Respondents

Procedural Posture

Appeal (family/ancillary Relief) / Appeal From Circuit Judge's Order Admitting Fresh Evidence

Legal Issues

  1. 1 Whether the circuit judge erred in admitting fresh evidence on appeal in ancillary relief proceedings
  2. 2 Proper exercise of discretion under Family Proceedings Rule 8.1(3)(b)
  3. 3 Application of Ladd v Marshall principles in family law appeals

Ratio Decidendi

The circuit judge was plainly wrong in exercising discretion to admit fresh evidence, as the material was not fundamentally new, the District Judge had already made clear credibility findings, and justice required finality; the appeal was allowed and the order admitting fresh evidence set aside.

Court Disposition

Appeal allowed; order admitting fresh evidence set aside.

Orders

  • Application granted.
  • Appeal allowed.