SEEKING TO ADDUCE NEW EVIDENCE AFTER THE TRIAL HAS ENDED: DENTON PRINCIPLES APPLY, A FORMAL APPLICATION IS REQUIRED: OVERIDING OBJECTIVE LEADS TO REFUSAL
In JD Group Ltd, Re  EWHC 202 (Ch) Deputy Insolvency and Companies Court Judge Agnello QC refused an application to adduce new evidence after a trial had ended, and judgment was pending. A formal application was required, Denton principles applied and there was nothing on the facts of this case which meant that the “new” evidence should be admitted.
“There is no explanation provided as to why the evidence which the Respondent is now seeking permission to adduce could not have been obtained with reasonable diligence.”
The Applicant liquidator was claiming relief against the respondent a former director of the company, alleging breach of duty. A trial took place. After the trial the respondent’s solicitor wrote to the judge seeking to place additional information before the court.