Courtof Appeal Upholds Restriction on Advancing New Points on Appeal in Rehana Azhar v All Money Matters Case

Citation: [2023] EWCA Civ 1341
Judgment on


In the case of Rehana Azhar v All Money Matters T/A TFC Home Loans, the Court of Appeal delves into the intricacies surrounding the advancement of new points on appeal. The judgment, rendered by Lord Justice Lewison, Lord Justice Nugee, and Lady Justice Falk, provides a compelling analysis rooted in established legal principles. This article dissects the relevant legal doctrines that underscore the court’s ruling, underpinning the overarching themes of fairness, procedure, and appeal constraints.

Key Facts

Rehana Azhar sought the services of All Money Matters (AMM) to secure a loan for purchasing a property interest. A disagreement arose regarding the payment of an arrangement fee predicated upon the procurement of a mortgage offer. The initial claim and subsequent defense focused on the acceptance of a mortgage offer arranged by AMM, a point later contended as being distinct from the evidence presented. The pivotal issue on appeal considered whether it was permissible to raise a new argument not flagged at the trial level, which, if successful, might necessitate new enquiries and further evidence.

The decision in this case calls upon several key legal principles which are instrumental in reaching the appellate judgment:

  1. Adversarial System and Pleadings: The adversarial nature of the UK legal system maintains that it is the parties’ responsibility to define the issues for adjudication clearly through statements of case (Prudential Assurance Co Ltd v HMRC). Any introduction of new points on appeal without previous indication undermines the adversarial process and the principle of fairness.

  2. Case Management and Fair Warning: A foundational tenet in litigation is that each party should have fair warning of the issues to be addressed, influencing their strategic choices such as evidence disclosure and trial preparation (Loveridge v Healey). Changes to the case without proper notice challenge this principle.

  3. The Spectrum of Newness on Appeal: Snowden J’s commentary in the Notting Hill Finance Ltd v Sheikh case highlights a “spectrum of newness” in regard to taking new points on appeal. At one extreme, if a full trial with robust evidence has preceded, introducing new points on appeal deemed to potentially shift the evidentiary paradigm may be met with significant resistance.

  4. Evaluative Decision and Appeal Court’s Interference: Appeals against evaluative decisions, such as case management, tend to be upheld unless identifiable flaws in the logic or material considerations are evident (Re Sprintroom Ltd). This underscores a deferential approach by appellate courts to first-instance judges’ discretion, provided no substantial procedural error is detected.

  5. Spectrum of Cases in the Context of Appeals: The ruling denotes a spectrum wherein pure points of law, which don’t affect the factual matrix established at trial, are more likely to be entertained on appeal. Conversely, points necessitating an alteration in the factual inquiry are less likely to be accepted (Mullarkey v Broad).


The court concluded that the issue raised on appeal was indeed a “new point,” which had not been previously flagged with adequate notice. This would have required AMM to address different issues and possibly produce additional evidence. Consequently, the appeal was dismissed on the grounds that the appellant had not been subject to unfair surprise or procedural error warranting an alteration in the lower court’s decision.


The Court of Appeal’s verdict in Rehana Azhar v All Money Matters T/A TFC Home Loans reinforces the imperative that all parties must receive fair notice of the issues at stake to ensure an equitable adversarial process. The decision affirms that appeal courts will safeguard such procedural fairness by restricting the introduction of new points on appeal that could distort the evidential groundwork laid at trial. This assures that the legal principle of finality in litigation is upheld, mitigating the risk of prejudicing the opposing party and upholding the integrity of the judicial system.

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