The claimant alleged that the various defendants had been involved in dishonest assistance in the running of an investment ponzi scheme leading to substantial losses.
Held: The Court considered the considerations for an appellate court asked to set aside a judge’s findings of fact.
Males LJ said: ‘in a case where there are contemporary documents which appear on their face to provide cogent evidence contrary to the conclusion which the judge proposes to reach, he should explain why they are not to be taken at face value or are outweighed by other compelling considerations. ‘
Males LJ said: ‘succinctness is as desirable in a judgment as it is in counsel’s submissions, but short judgments must be careful judgments’.
McCombe, Peter Jackson , Males LJJ
[2019] EWCA Civ 1413, [2019] 4 WLR 112, [2019] WLR(D) 475
Bailii, WLRD
England and Wales
Citing:
Appeal from – Simetra Global Assets Ltd and Another v Ikon Finance Ltd and Others ComC 9-Oct-2018
False . .
Cited by:
Cited – Kogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
Cited – Shagang Shipping Company Ltd v HNA Group Company Ltd SC 5-Aug-2020
Allegations had been made that a contract had been procured by bribery. The other party said that the admissions of bribery had been extracted by torture and were inadmissible. The CA had decided that the unproven possibility that it was obtained by . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 July 2021; Ref: scu.640510 br>