Golder v Dodd [1982] JLR 23 (15 January 1982)

Golder v Dodd [1982] JLR 23 (15 January 1982)

The appeal court is entitled to admit the transcript of evidence from the perjury trial as fresh evidence in the appeal, and in certain circumstances, this may be a satisfactory substitute for ordering a new trial.

Citation
[1982] JLR 23
Parties
Applicant: Golder; Respondent: Dodd
Jurisdiction
Jersey
Judgment Date
15 January 1982
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal allowed
Legal Topics
Appeals, Fresh Evidence, Transcript Admissibility
Civil Procedure Appeals Fresh Evidence Transcript Admissibility

Case Brief

Summary, issues, holding and outcome

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Parties

Golder

Applicant

Dodd

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the appeal court may admit a transcript of evidence from a perjury trial as fresh evidence in an appeal arising from original civil proceedings
  2. 2 Whether a transcript can serve as a satisfactory substitute for a new trial

Ratio Decidendi

The appeal court is entitled to admit the transcript of evidence from the perjury trial as fresh evidence in the appeal, and in certain circumstances, this may be a satisfactory substitute for ordering a new trial.

Court Disposition

appeal allowed

Orders

  • transcript of evidence from perjury trial admitted as fresh evidence