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High Court decision on the admission of new evidence in s.204 appeals


Matt Hutchings acted for Richmond in a successful appeal to the High Court from an order of the county court judge admitting new evidence in a s.204 Housing Act 1996 appeal.

The High Court dealt with the issues of when it is permissible for the court to admit new evidence and determine facts in an appeal on a point of law and what are the limits of mistake of fact as a ground of judicial review.

Mr Justice Leggatt held that, in the present case, there was no issue on the s.204 appeal to which the new evidence was relevant and it should not have been admitted. The Judge further held that even if the evidence had been relevant and admissible it could not be right for the court to decide whether the evidence was true, there is no discretion for the court to step outside the norms of administrative law.

For judgement click here: Kubicek HC JGT