Tanner v Miller

Tanner v Miller

Permission to appeal is refused because the established objective test for admitting fresh evidence applies equally to litigants in person, and there is no authority for a different test or for separating lawyers' acts from the litigant. The judge's factual findings were not erroneous.

Source-derived case information.

Parties
Appellant: Tanner; Respondent: Miller
Jurisdiction
England and Wales
Judgment Date
03 October 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
application refused
Legal Topics
Admission of Fresh Evidence, Appeals, Litigants in Person, Objective Test, Public Interest in Finality of Litigation
Civil Procedure Admission of Fresh Evidence Appeals Litigants in Person Objective Test Public Interest in Finality of Litigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tanner

Appellant

Miller

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against the exclusion of fresh evidence
  2. 2 Whether the test for admitting fresh evidence differs for litigants in person
  3. 3 Whether lawyers' failures should be attributed to the litigant

Ratio Decidendi

Permission to appeal is refused because the established objective test for admitting fresh evidence applies equally to litigants in person, and there is no authority for a different test or for separating lawyers' acts from the litigant. The judge's factual findings were not erroneous.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused.
  • Applications for admission of further fresh evidence dismissed.