LADD v MARSHALL: RELEVANT OR REDUNDANT?

  • Joshua Wu Kai-Ming
Keywords: Ladd v Marshall; Fresh Evidence; Further Evidence

Abstract

Ladd v Marshall [1954] 3 All ER 745, an English Court of Appeal decision, is a landmark decision on the introduction/admission of fresh/further evidence. Ladd v Marshall has been adopted by the Malaysian superior courts, including by the Federal Court in Lau Foo Sun v Government of Malaysia [1970] 2 MLJ 70. However, subsequently, the Rules Committee introduced Rule 7(3A) of the Rules of the Court of Appeal 1994, Order 55, Rule 5A of the Rules of the High Court 1980, and Order 55, Rule 7 of the ROC 2012 with regard to the introduction/admission of fresh/further evidence. This paper seeks to argue that Ladd v Marshall is now redundant (at least in relation to introduction/admission of fresh/further evidence in the Court of Appeal and below) in light of the abovementioned legal provisions.

Published
2022-02-18
How to Cite
Wu Kai-Ming, J. (2022). LADD v MARSHALL: RELEVANT OR REDUNDANT?. INSAF - The Journal of the Malaysian Bar, 39(1), 195-200. Retrieved from https://insaf.malaysianbar.org.my/ojs/index.php/jmr/article/view/17
Section
Case Reviews