Lord Jauncey of Tullichettle said: ‘Where there are concurrent findings of fact in the courts below generally this House will interfere with those findings only where it can be shown that both courts were clearly wrong. It is nothing to the point that this House might on the evidence have reached a different conclusion, The principle does not depend upon the advantage possessed by the judge of first instance of seeing and hearing the witnesses – that advantage will already have been reflected in the decision of the lower appellate court to confirm the findings of the judge.’
Judges:
Lord Jauncey of Tullichettle
Citations:
1990 SC (HL) 63
Jurisdiction:
Scotland
Cited by:
Cited – Hicks v Chief Constable of the South Yorkshire Police HL 5-Mar-1992
The plaintiffs sought damages after watching television scenes of the football match at Hillsborough at which their two daughters died after disorder.
Held: Neither the risk of future injury nor anxiety at the prospect of future injury is . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 12 April 2022; Ref: scu.272832
