THE “BAD SINGING” CASE GETS TWO ENCORES: JUDGE FAILED TO MAKE FINDINGS OF FACT ON KEY ISSUES

I wrote about the first instance decision in Kogan v Martin & Ors [2019] EWCA Civ 1645 here.  The Court of Appeal have ordered a retrial in the case.   There are important observations about the role of the judge in fact finding and the limitations of the guidance given in Gestmin.

"Gestmin is ...