FINDINGS OF FACT AND CREDIBILITY: THE COURT OF APPEAL WILL RARELY INTERFERE

October 16, 2014 · by · in Appeals, Applications, Civil evidence, Disclosure, Members Content, Witness statements

The decision of the Court of Appeal today  in Exsus Travel Ltd -v- James Turner [2014] EWCA Civ 1331 reinforces the points made in earlier posts about the reluctance of the Court of Appeal to interfere with findings of fact and credibility by the judge at first instance.
THE ISSUES
The defendant app...

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