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The High Court has granted the appellant (wife) permission to introduce new affidavit evidence from two professional witnesses in an appeal against the Circuit Court's refusal to grant reliefs related to a consent order from family law proceedings. The original case was decided without oral evidence, and the High Court's decision allows for a rehearing with the inclusion of this new evidence. The court emphasised that the interests of justice warranted the admission of additional evidence from the professionals involved in the settlement. The decision also provides the respondent (husband) with the opportunity to introduce evidence from additional witnesses. The costs of the application have been reserved, and the court has acknowledged the respondent's right to challenge the admissibility, relevance, and weight of the new evidence.
Family law, consent order, appeal, High Court, Circuit Court, affidavit evidence, professional witnesses, s.37(2) Courts of Justice Act 1936, Order 61 Rule 8 RSC, rehearing, special leave, admissibility of evidence, discretion of the judge, interests of justice, reserve costs, liberty to apply.
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