APPEALING ON THE JUDGE'S FINDINGS OF FACTS: A TRIAL IS NOT A DRESS REHEARSAL BUT "THE FIRST AND LAST NIGHT OF THE SHOW"

In the decision in Watson Farley and Williams -v- Ostrovizky today [2015] EWCA Civ 457 the Court of Appeal emphasised the difficulties of a party appealing findings of facts by the trial judge. “The aptness of the metaphor relating to…