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How to submit fresh evidence

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  • How to submit fresh evidence

    Hi, I'm in England.

    I'm a litigant in person in a civil case who has been working with a direct access barrister and am currently at the permission to appeal stage.

    I have fresh evidence which I would like to submit to the court to consider, what is the process? Do I submit the application as a witness statement, exhibiting the fresh evidence, complete a N244 form and pay a fee?

    I know I require the court's permission for fresh evidence to be accepted. In my case my barrister previously said I'd have a good argument for submitting fresh evidence because what we believed was accepted by both sides before the hearing was changed by a witness who said the exact opposite to what was in his witness statement.

    Thank you.
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  • #2
    I think the best advice to you will be to work with your barrister on this. He or she will be the person trying to persuade the court to allow this, which means that you should do this in a way that he or she thinks will set up his or her presentation to best effect.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      I think the best advice to you will be to work with your barrister on this. He or she will be the person trying to persuade the court to allow this, which means that you should do this in a way that he or she thinks will set up his or her presentation to best effect.
      Thank you for the response. I did contact my barrister about it and he just responded suggesting I should share it with the court immediately. I know he's probably currently working on another case so I don't really have the access I would have if I was using a solicitor. The fresh evidence is just another piece of the jigsaw so I just want to let the judge consider it. Do you know the process? N244 form, witness statement, is there a fee?

      Comment


      • #4
        Sorry, maybe someone else can help you with this.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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