The defendant sought to appeal from a judgment given only after a long delay.
Held: Permission to appeal was necessary, and given, but the appeal itself failed: ‘(1) There is no evidence of fault of the Judge at any or any material point other than the delay itself;
(2) The Applicant has been unable to pinpoint any particular findings of fact which may be open to question whether by reason of the delay or at all;
(3) There is no reason to believe that the Judge did not reach the right conclusion on all of the findings and in the decision that the Claimants were entitled to rescind the Agreement and the relief which he ordered.pounds
Judges:
Freedman J
Citations:
[2019] EWHC 1977 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Goose v Wilson Sandford and Co and Mainon CA 13-Feb-1998
A judge was properly criticised for failing to write up a judgment when the witness’ evidence was still fresh in his mind. A two year delay required a re-trial.
Peter Gibson LJ explained the potential effect of delay on the formulation and . .
Cited – Bond v Dunster Properties Ltd and Others CA 21-Apr-2011
The defendant appealed against the judge’s findings as to fact delivered some 22 months after the hearing.
Held: The appeal failed. Though such a delay must require the court carefully to investigate the judgment, it did not of itself . .
Cited – Onassis and Calogeropoulos v Vergottis HL 1968
Lord Pearce (dissenting) discussed the assessment of a witness’ oral evidence: ‘Credibility involves wider problems than mere demeanour which is mostly concerned with whether the witness appears to be telling the truth as he now believes it to be. . .
Cited – Armagas Ltd v Mundogas SA (‘The Ocean Frost’) CA 1985
Proof of corruption not needed for bribe
In establishing that money was paid as an improper inducement or bribe, proof of corruptness or a corrupt motive was unnecessary.
When a court looks at a decision of a judge at first instance, the court stressed the need to look at the . .
Cited – Dadourian Group International Inc and others v Simms and others CA 13-Mar-2009
Arden LJ summarised the approach to be taken by a court faced with an allegation of fraud: ‘Their Lordships affirmed the decision in Re H and provided an explanation of what Lord Nicholls’ judgment meant. Baroness Hale (with whom the other Law Lords . .
Cited – Tex Services Ltd v Shibani Knitting Co Ltd PC 10-Nov-2016
(Mauritius) Lord Mance approved, a submission by Counsel for Shibani, as follows, namely ‘the advantage which a trial judge enjoys in relation to matters of fact may be weakened by such a delay and that such delay calls for special care when . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 16 August 2022; Ref: scu.641723