Civil procedure

In order to succeed in the Court of Appeal, the appellant had to demonstrate some error of law on the part of the tribunal. A party to litigation acted with due diligence if he instructed competent expert witness to give evidence on his behalf, assisted the witness in every way he could, and allowed the expert to discharge his duty to the court or tribunal. If the expert then failed to mention a particular piece of evidence, it did not mean that the party had failed to exercise due diligence to obtain the evidence for use at the trial.