107Substituted verdict

#### 107 Substituted verdict 107 Substituted verdict > Where, in an appeal to which this section applies— > > > (a) the Court of Appeal would, but for this section set aside the verdict, finding, assessment or judgment and order a new trial on an issue of the amount of debt or damages or of the value of goods, > > > (b) the Court of Appeal is satisfied that— > > > > > (i) without seeing or hearing the plaintiff or defendant or other witnesses, or > > > > > (ii) without seeing or hearing the plaintiff or defendant or other witnesses further than it has seen or heard them for the purpose of receiving evidence under section 106, > > > > it is fully able to assess the amount of debt or damages or the value of the goods on perusal of the evidence contained in the documents before it and on the facts (if any) admitted and on the facts (if any) found by it under section 106, and > > > (c) > > > > > (i) the parties consent to the exercise of the powers given by this section, > > > > > (ii) it appears to the Court of Appeal to be desirable to exercise the powers for the purpose of avoiding a multiplicity of trials, or > > > > > (iii) it appears to the Court of Appeal that, as a result of an error of law on the part of the trial judge or (where there has been a trial with a jury) a manifest error on the part of the jury, some item of debt or damages or valuation has been wrongly included in or excluded from the assessment, > > the Court of Appeal may draw inferences and make findings of fact, assess the amount of debt or damages or the value of goods in such sum as in the opinion of the Court of Appeal the debt or damages or value ought to be assessed if a new trial were had forthwith and substitute that sum for the sum awarded in the Court below and give such judgment and make such order as the nature of the case requires. > > **ss 106–108:** Am 1989 No 226, Sch 1.