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Article 1

Forgotten Anything?

In then recent case of Absolute Lofts South West London Ltd v (1) Artisan Home Improvements Ltd (2) Darren Mark Ludbrook (2015) found that the Court refused to review its Judgment when it was subsequently found that a key page of the Licence, which was the basis for their dispute, had been left out of the Trial Bundle by mistake.

The Judge took the view that attempting to reintroduce the missing page after the Judgment had already been made, was the same as bringing in new evidence. In order for the page to be admitted as new evidence, it must follow the criteria set out in the case of Ladd v Marshall (1954) which asks:

1) Whether the missing page could have been obtained by reasonable diligence for use at Trial

2) Whether, if the page was allowed in evidence, it could have an important influence on the case, and;

3) Whether the missing page was credible evidence.

Therefore, the page must have been previously unavailable and of significant influence to the case in order to be admissible.

Absolute Lofts failed to convince the Court of the first and second criteria and so the Court refused to reconsider its Judgment in light of the missing page. The missing page was a purely administrative oversight and there was no reasonable excuse for it not to have been included in the trial bundle.

This demonstrates the importance of having a complete and accurate Trial Bundle with all relevant evidence included so that it can be considered by the Courts. If you fail to do so, there are obstacles you will need to pass for a Court to reconsider and Judges are reluctant to do so.

Premier Solicitors’ Litigation Department has extensive experience in Commercial Litigation matters and in advising Clients on Court Proceedings. If you have any concerns relating to a Commercial Dispute or need assistance with Court Proceedings, then please do not hesitate to contact us on 01234 802429.

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