ATTEMPTING TO APPEAL A FINDING OF FACT? SET THIS OUT EXPLICITLY IN THE NOTICE OF APPEAL: CLEAR GUIDANCE FROM THE COURT OF APPEAL

March 11, 2020 · by · in Appeals, Civil evidence, Civil Procedure, Members Content

In Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353 the Court of Appeal set out guidance for a party attempting to appeal a finding of fact.  The fact that such an appeal is being made must be set out…

CIVIL PROCEDURE:BACK TO BASICS 9: THE COURT NOT ENTITLED TO REJECT WRITTEN EVIDENCE UNLESS IT IS "SIMPLY INCREDIBLE"

CIVIL PROCEDURE:BACK TO BASICS 9: THE COURT NOT ENTITLED TO REJECT WRITTEN EVIDENCE UNLESS IT IS “SIMPLY INCREDIBLE”

July 29, 2018 · by · in Applications, Civil evidence, Members Content, Witness statements

There is a short passage in Wards Solicitors v Hendawi [2018] EWHC 1907 (Ch) HHJ Paul Matthews (sitting as a judge of the High Court), that serves as a reminder of a basic principle in interlocutory proceedings – a court will not…