(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 reviewing the evidence which was before and the findings of fact which were made by the judge. But it is still for an appellant to pinpoint any particular findings of fact which may in the light of that review be open to question by reason of the delay’. In Tex, the case turned upon the construction of a contract and the case could be determined on the evidence and material before the Court without any need to consider a remission, of which neither party contended. In that sense Tex is different from the instant case where the essence of the submission of the Appellant is that the case does require remission.
Judges:
Lord Mance, Lord Wilson, Lord Carnwath, Lord Hughes, Lord Hodge
Citations:
[2016] UKPC 31
Links:
Jurisdiction:
Commonwealth
Cited by:
Cited – Nuttal and Another v Kerr and Another QBD 25-Jul-2019
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 . .
Lists of cited by and citing cases may be incomplete.
Contract, Litigation Practice
Updated: 08 August 2022; Ref: scu.571239