Appeals in UK Law
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Powell v Streatham Manor Nursing Home
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It must recognise the onus upon the Appellant to satisfy it that the decision below is wrong: it must recognise the essential advantage of the trial Judge in seeing the witnesses and watching their demeanour. In cases which turn on the conflicting testimony of witnesses and the belief to be reposed in them an appellate Court can never recapture the initial advantage of the Judge who saw and believed.
But where the evidence is conflicting and the issue is one of fact depending on oral evidence, any Judge who has had experience of trying cases with witnesses cannot fail to realise the truth of what Lord Sumner says: as the evidence proceeds through examination, cross-examination and re-examination the Judge is gradually imbibing almost instinctively, but in fact as a result of close attention and of long experience, an impression of the personality of the witness and of his trustworthiness and of the accuracy of his observation and memory or the reverse.
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Assiscurazioni Generali SpA v Arab Insurance Group
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In appeals against conclusions of primary fact the approach of an appellate court will depend upon the weight to be attached to the findings of the judge and that weight will depend upon the extent to which, as the trial judge, the judge has an advantage over the appellate court; the greater that advantage the more reluctant the appellate court should be to interfere.
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Tanfern Ltd v Cameron-Macdonald and another
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Under the old practice, the appeal to a judge was a rehearing in the fullest sense of the word, and the judge exercised his/her discretion afresh, while giving appropriate weight to the way the lower court had exercised its discretion in the matter. The appeal court's duty is now limited to a review of that decision, and it may only interfere in the quite limited circumstances set out in CPR 52.11(3).
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Raschid v General Medical Council
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20. These strands in the learning then, as it seems to me, constitute the essential approach to be applied by the High Court on a section 40 appeal. The approach they commend does not emasculate the High Court's role in section 40 appeals: the High Court will correct material errors of fact and of course of law and it will exercise a judgment, though distinctly and firmly a secondary judgment, as to the application of the principles to the facts of the case.
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Bolton v The Law Society
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But none of them touches the essential issue, which is the need to maintain among members of the public a well-founded confidence that any solicitor whom they instruct will be a person of unquestionable integrity, probity and trustworthiness. The reputation of the profession is more important than the fortunes of any individual member. Membership of a profession brings many benefits, but that is a part of the price.
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Ladd v Marshall
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In order to justify the reception of fresh evidence or a new trial, three conditions mast be fulfilled: first, it must be shown that the evidence could not have been obtained with reasonable diligence for use at the trial: second, the evidence most be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive: thirdly, the evidence must be such as is presumably to be believed, or in other words, it must be apparently credible, though it need not be incontrovertible.
- Custody Appeals
- HABEAS CORPUS APPEALS*
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Appeals to Reason
This article considers how statistical reasoning changes conceptions of evidence and proof. Beginning with three Court of Appeal judgments in which proof is quantified, it traces the implications o...
- Courts‐Martial (Appeals) Act, 1951
- Manchester City Successfully Appeals Two-Year European Football Ban
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Later knowledge taints earlier dismissal – employers’ duties in appeals (UK)
You are hearing the appeal of an employee with less than two years’ service dismissed on the grounds of admitted poor conduct. What can possibly go wrong? Certainly not the seeming afterthought on ...
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Electro Rent appeals first ever CMA fine for gun jumping.
An appeal has been launched against the UK competition regulator, the Competition and Markets Authority’s (CMA) first decision fining a party for gun jumping. On 20 July 2018, the Compet...
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UK Council Successfully Appeals ICO Fine Arising from Processor Breach
The UK First Tier Tribunal issued a decision on August 21 finding that the Information Commissioner's Office (ICO) was wrong to impose a £250,000 fine on Scottish Borders Council in relation to an ...