When making findings of credibility and reliability it is unsafe for a trial judge to compartmentalise the case: ‘It is commonplace of judicial experience that a witness who makes a poor impression in the witness box may be found at the end of the day, when his evidence is considered in the light of all the other evidence bearing upon the issue, to have been both truthful and accurate. Conversely, the evidence of a witness who at first seemed impressive and reliable may at the end of the day have to be rejected. Such experience suggests that it is dangerous to assess the credibility of the evidence given by any witness in isolation from other evidence in the case which is capable of throwing light on its reliability; . . .’
Judges:
Lord Bridge of Harwich
Citations:
[1987] AC 501, [1987] 2 WLR 1033, Gazette 25-Mar-1987
Jurisdiction:
England and Wales
Cited by:
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 25 November 2022; Ref: scu.191182