Principle

APPELLATE PRACTICE — Appeals — Fresh Points on Appeal — Appellant Must Seek Leave to Raise Issue Not Pronounced Upon Below

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Fresh points on appeal are generally not allowed. Exceptions exist for substantial points of law where no further evidence is needed and refusal would cause obvious miscarriage of justice. The principle applies to appellate practice. The rule balances finality with justice. The appellant must justify…

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