THROWBACK FRIDAY: THE DUTY TO PUT YOUR CASE: FINDINGS MADE ON KEY POINTS THAT WERE NOT PUT TO THE WITNESS OVERTURNED ON APPEAL (AUGUST 2017)

THROWBACK FRIDAY: THE DUTY TO PUT YOUR CASE: FINDINGS MADE ON KEY POINTS THAT WERE NOT PUT TO THE WITNESS OVERTURNED ON APPEAL (AUGUST 2017)

August 7, 2026 · by · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

This week we look at an important decision of the Judicial Committee of the Privy Council from 2017.  It is a reminder of the need for a party to put their case to the other side’s witnesses at trial.  Here…

I'M NOT TAKING A PLEADING POINT - BUT: FAILURE TO PUT A POINT IN CROSS-EXAMINATION NOT FATAL TO CLAIMANT'S CASE

I’M NOT TAKING A PLEADING POINT – BUT: FAILURE TO PUT A POINT IN CROSS-EXAMINATION NOT FATAL TO CLAIMANT’S CASE

May 17, 2018 · by · in Appeals, Civil evidence, Members Content, Statements of Case

The judgment in Auckland v Khan & Anor [2018] EWCA Civ 1148  is in short form.  However it does illustrate the difficulties of appealing on “pleading points” and findings of fact. “There are certainly cases in which the failure to put…