Fresh evidence

Jalocha v Judicial Authority of Poland [2011] All ER (D) 103 (Oct) 21 October 2011

An appellate court will not readily admit fresh evidence which the parties should have adduced before the first instance hearing and which was tendered to try to repair holes which should have been plugged before the first instance judge, simply because it had a human rights label attached to it. The threshold remains high. The court has still to be satisfied that the evidence would have resulted in the judge deciding the relevant question differently. In short, the fresh evidence has to be decisive.