APPEALS ON ISSUES OF FACT: SPECULATION AND "OPINION" EVIDENCE FROM WITNESSES IS TO NO AVAIL
In Macleod -v- the Commission of Police for the Metropolis [2015] EWCA Civ 688 the Court of Appeal set out the criteria for appealing findings of fact. Further the case highlights the important distinction between what witnesses saw and what…
MAKING A FINDING OF FRAUD WITHOUT EVIDENCE 3: THE COURTS ARE NOT EASILY AFFRONTED
For the third time in a fortnight the courts have sent out a clear message of the dangers of judges making findings of fraud without having all the evidence to hand. THE CASE In Alpha Rocks Solicitors -v- Alade [2015]…
MORE ON BUNDLES: JACKSON ON THE BUNDLE AS AN OBSTACLE COURSE
In a judgment today Jackson L.J. made some trenchant remarks about the quality of the appeal bundle. It illustrates the importance of reading (and complying) with the relevant rules and practice directions. “The appeal bundle should be an aid to…
