PC (Trinidad and Tobago) The appellant defendant was an attorney-at-law, and the respondent a senior magistrate who was said to have accused the claimant of having given a bribe. The appellant challenged the finding of slander, saying that he had not said what was alleged.
Held: The appeal failed. It was essentially an appeal on the facts, and no exception had been established to allow the Board to consider such a challenge outside its normal practice.
Judges:
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Walker of Gestingthorpe, Lord Carswell
Citations:
[2005] UKPC 39
Links:
Jurisdiction:
Commonwealth
Citing:
Cited – Robins v National Trust Company Ltd 1927
The rule restricting a third tier court from upsetting a finding where there have been concurrent judgments of two courts on a pure question of fact were not based on any statutory rule. . .
Cited – Jagan v Ganpat and Others 1999
(Court of Appeal in Guyana) An appellate court ought to act very cautiously before deciding to overturn findings of fact by a trial judge, even where it inclines to the view that the trial judge’s treatment of the evidence in a written judgment had . .
Cited – Srimati Bibhabati Devi v Kumar Ramendra Narayan Roy and Others PC 30-Jul-1946
(Bengal) The appellant sought to claim a substantial inheritance. From many years before it had been thought that he had been buried after dying of syphilis. He claimed he had been resuscitated, taken away and brought up by sanyasi. His identity . .
Cited – Chua Chee Chor v Chua Kim Yong PC 1962
The Board’s practice of restricting the hearing a dispute of fact to situations where two courts had made consistent findings of fact is not immutable and the Board may in special circumstances vary their application to some degree. . .
Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
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 . .
Cited by:
Cited – Smith and Another v Harris PC 30-Oct-2006
(Cayman Islands) The respondent appealed a finding of negligence. She drove a car along a road colliding with three pedestrians, the claimants. The pedestrians said they had been walking in single file in a lay-by off the main carriageway. The . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Defamation
Updated: 04 July 2022; Ref: scu.236684