Judicial Review - new/fresh/additional evidence

[vegansavage]

Hi, I'm in England.

I currently have a judicial review at the oral reconsideration stage. The defendant claimed they shared all relevant documents, however they have an online portal and I've discovered evidence they did not share and contradicts their claims. This evidence would have been a part of the decision-making process. How do I ensure the judge sees this new/fresh/additional evidence? I'm currently doing the objection to costs which will be also considered at the oral reconsideration - should I put in the objection that the defendant failed to share all relevant documents and then share it?

Thanks.

[R0b]

Hi,

You can't use your objection to costs argument to try and introduce new evidence, it just won't work. As far as I understand it you need to make a new application to adduce fresh evidence as soon as possible as you would need permission to rely on it - See CPR 54.16

You should also seek to put the other side on notice of your application, not necessarily go into detail but you can say your application is to adduce fresh evidence you weren't previously aware of and which contradicts the evidence submitted by the other side.

[vegansavage]

Hi,

You can't use your objection to costs argument to try and introduce new evidence, it just won't work. As far as I understand it you need to make a new application to adduce fresh evidence as soon as possible as you would need permission to rely on it - See CPR 54.16

You should also seek to put the other side on notice of your application, not necessarily go into detail but you can say your application is to adduce fresh evidence you weren't previously aware of and which contradicts the evidence submitted by the other side.

Thank you for the response. I'll look in to CPR 54.16.