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Appeals
Appeals
The approach which an appellate court adopts to a first instance Judge’s findings of facts and evaluation of evidence has been considered in a number of authorities, including: Piglowska v Piglowski [1999] 1 W.L.R. 1360 at p.1372; Re B (A Child) (Care Proceedings: Appeal), Re) [2013] UKSC 33; [2013] 1 WLR 1911 at para 53; Fage v Chobani UK Ltd [2014] EWCA Civ 5 at para 114. The following points can be extracted from those authorities:
- Heading
- Introduction
- The order and judgment below
- Legal framework
- Appeals
- The appellate court must bear in mind the advantage which the first instance Judge had in seeing the parties and the other witnesses. This applies to questions of credibility and findings of primary f
- The need for appellate caution in reversing the trial Judge's evaluation of the facts is based upon much more solid grounds than professional courtesy. It is because specific findings of fact are inhe
- The exigencies of daily court room life are such that reasons for judgment will always be capable of having been better expressed. This is particularly true of an unreserved judgment but also of a res
- An appellate court should resist the temptation to subvert the principle that they should not substitute their own discretion for that of the Judge by a narrow textual analysis which enables them to c
- It is only in a ‘rare’ case that an appellate tribunal will interfere with a Judge’s conclusion of fact. Examples include where that conclusion was one which (i) there was no evidence to support, (ii)
- The reasons for this stringent approach by appeal courts include ( Fage v Chobani )
- Submissions
- Father
- NYAS
- Conclusions