The Coulton v Holcombe principle that a party cannot raise a new point on appeal if it could have been met by further evidence applies with equal force in stated case proceedings, and does not admit of an exception for points that are 'central' to the proceedings. A court hearing a stated case cannot use its power under Supreme Court Rules Pt 32 r 7 to make findings on issues that were not in dispute below, where to do so would circumvent the Coulton v Holcombe principle. Where a party has conceded a factual or legal proposition before a tribunal, it cannot resile from that concession on appeal by way of stated case.
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