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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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CHALLENGING FINDINGS OF FACT NOT APPEALING TO THE COURT OF APPEAL: PROPOSED RESPONDENT MAY BE ABLE TO HAVE A SAY IN AN APPLICATION FOR PERMISSION TO APPEAL BASED ON FINDINGS OF FACT

CHALLENGING FINDINGS OF FACT NOT APPEALING TO THE COURT OF APPEAL: PROPOSED RESPONDENT MAY BE ABLE TO HAVE A SAY IN AN APPLICATION FOR PERMISSION TO APPEAL BASED ON FINDINGS OF FACT

December 9, 2020 · by gexall · in Appeals, Civil Procedure

In Gray v Global Energy Horizons Corporation [2020] EWCA Civ 1668 the Court of Appeal expressed severe reservations about permission to appeal findings of fact having been granted.   The judgment indicates that, where findings of fact are challenged, the responding…

APPEAL ON FINDING OF FACT ALLOWED: ANOTHER SKIRMISH IN THE CREDIT HIRE WAR

APPEAL ON FINDING OF FACT ALLOWED: ANOTHER SKIRMISH IN THE CREDIT HIRE WAR

August 21, 2018 · by gexall · in Appeals, Applications, Damages

I am grateful to Lee Kipling from Winns, solicitors for sending me a copy of the decision of HH Judge Gosnell in Morris -v- MCE Insurance Company Ltd.( Morris v MCE Insurance (23.07.18) (Jud) (2)). A case where the judge allowed…

LIMITATION: DATE OF KNOWLEDGE: IT IS A MATTER OF FACT

LIMITATION: DATE OF KNOWLEDGE: IT IS A MATTER OF FACT

February 15, 2018 · by gexall · in Appeals, Limitation

I used to write a section/chapter on limitation in a legal looseleaf.  The part on “date of knowledge” was, of course, my favourite*.  Section 14 of the Limitation Act 1980 has led to many cases in relation to date of…

FINDINGS OF FACT AND EXPERT EVIDENCE: A JUDGE MAKES THE FINDINGS FIRST AND CONSIDERS THE EXPERT EVIDENCE NEXT

FINDINGS OF FACT AND EXPERT EVIDENCE: A JUDGE MAKES THE FINDINGS FIRST AND CONSIDERS THE EXPERT EVIDENCE NEXT

November 15, 2017 · by gexall · in Civil evidence, Expert evidence, Experts

In Graham & Anor v Campfield & Anor [2017] EWHC 2746 (Ch) Mr Justice Birss made some important observations about findings of fact and expert evidence. It shows the importance of primary findings of fact and the limitations of expert evidence. …

APPEALING FINDINGS OF FACT: AN UNUSUAL ARGUMENT - TO NO AVAIL

APPEALING FINDINGS OF FACT: AN UNUSUAL ARGUMENT – TO NO AVAIL

November 1, 2017 · by gexall · in Appeals, Witness statements

In Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 the appellant attempted to argue that the trial judge had erred on the facts.  The arguments were given fairly short shrift. THE CASE After a hearing in the Court of…

SERVICE OF DOCUMENTS II: SERVING AT AN ADDRESS THAT HAD BEEN VACATED (AND OVERTURNING FINDINGS OF FACT)

SERVICE OF DOCUMENTS II: SERVING AT AN ADDRESS THAT HAD BEEN VACATED (AND OVERTURNING FINDINGS OF FACT)

May 21, 2017 · by gexall · in Appeals, Serving documents

In Grimes -v- The Trustees of the Essex Farmers and Union Hunt [2017] EWCA Civ 361 is another one of the batch of recent cases on service. The Court of Appeal considered the question of whether a document could be…

DISPUTES OF FACT IN SUMMARY JUDGMENT APPLICATIONS: THE APPROPRIATE TEST

October 6, 2015 · by gexall · in Civil evidence, Civil Procedure, Summary judgment, Uncategorized

In Optaglio Limited -v- Tethal [2015] EWCA Civ 1002 the Court of Appeal considered the issue of how far a judge can determine disputed issues of fact in a summary judgment application. THE CASE The claimant was appealing an order…

THE ROLE OF THE APPELLATE COURT IN CONSIDERING FINDINGS OF FACT

October 15, 2014 · by gexall · in Appeals, Civil evidence, Civil Procedure, Witness statements

In Clydesdale Bank -v- Duffy [2014] EWCA Civ 1260 the Court of Appeal set out a clear statement of the limited role of the appeal court in considering appeals in relation to findings of fact by the trial judge. THE…

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