Notwithstanding a finding by a High Court Judge that K ‘had shaded the truth’, and ‘lacked frankness in his evidence’, the Court set aside a credibility finding on the basis that not only was there a lack of reasoning as to why the Judge preferred Ks evidence, but that no such finding could appropriately have been made.
Citations:
[1999] EWCA Civ 1430
Jurisdiction:
England and Wales
Citing:
See also – Kapur v J W Francis and Co and Hinkson CA 9-Feb-1998
When a judge ordered separate trials for liability and as to quantum, it was wrong to order discovery on elements which might not come to trial. . .
Cited by:
Cited – Pharmacy Care Systems Limited v The Attorney General 16-Aug-2004
(Court of Appeal of New Zealand) The claimant had settled a dispute with a Health Authority which alleged it had overclaimed for pharmacy supplies. It now claimed that the settlement should be set aside as having been entered into under duress. . .
Lists of cited by and citing cases may be incomplete.
Insurance, Professional Negligence
Updated: 09 December 2022; Ref: scu.146345