Damages – Assessment – Further evidence – Significant factor arising after assessment – Court of Appeal’s powers – Claimant in collision case receiving substantial sum from defendant’s insurers as damages for injury restricting mobility – Insurers subsequently acquiring evidence that claimant significantly recovered – Insurers seeking to appeal damages award on basis of fresh evidence alleging fraud – Claimant contending that matter should be retried – Whether fresh evidence going to issue of fraud should be admitted on appeal – Whether matter should be retried.

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