When considering ‘the printed evidence’ the Court in Watt referred to a transcript of the evidence only. The disadvantage under which an appellate court labours in weighing evidence is even greater where all it has before it is the judge’s notes of the evidence and has to rely on such an incomplete record.
Judges:
Lord Fraser of Tullybelton
Citations:
[1978] 2 MJL 41
Jurisdiction:
England and Wales
Citing:
Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
Lists of cited by and citing cases may be incomplete.
Evidence
Updated: 16 May 2022; Ref: scu.182240