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14 Oct 2015, 2:56 am by Matrix Legal Information Team
In delivering the lead judgment Lord Wilson stated that The Ladd criteria have no relevance to the determination of an application to set aside a financial order on grounds of fraudulent non-disclosure He reasoned that the Court of Appeal was wrong to accept an argument that the criteria should apply to determine what evidence could be adduced because they had not conducted a fact-finding exercise and the first Ladd criterion presupposes that there has been a trial… [read post]
6 Dec 2010, 3:24 pm by NL
The expert's previous reports had stated that further exploratory works were required. [read post]
6 Dec 2010, 3:24 pm by NL
The expert's previous reports had stated that further exploratory works were required. [read post]
Any consideration of whether fresh evidence should be admitted (the Ladd v Marshall test) can only be within the first stage. [read post]
11 Dec 2008, 2:48 am
Ciaravino, 752 S.W.2d 923, 927 (Mo.App. 1988) (quoting State Savings Trust Co. v. [read post]
7 Jan 2019, 7:15 am by ASAD KHAN
Sales LJ was unconvinced that the criteria set out in Ladd v Marshall [1954] EWCA Civ 1 – intended to reflect the balance of justice in relation to applications to admit fresh evidence – had not been satisfied and KV was unable to demonstrate that evidence such as Dr Cohen’s report could not have been obtained with reasonable diligence for use earlier. [read post]