May 8th, 2024 by James Goudie KC

In TAYTIME LTD v SoS ( 2024 ) EWHC 1053 ( Admin ) Lang J summarises, at paras 55-59 inc, when fresh evidence will be admissible in a judicial or statutory review. Generally the Court does not consider evidence that was not before the decision-maker. Fresh evidence will be admitted only in limited circumstances. These are ( 1 ) to show what material was before the decision-maker, ( 2 ) to demonstrate a jurisdictional fact or procedural error or misconduct by the decision-maker, ( 3 ) where the interests of justice require it, ( 4 ) where there is a legal challenge on the grounds that the decision-maker failed to investigate adequately and the evidence would demonstrate what would have been discovered if due enquiry had been made, or (5) in the consideration of remedy.

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