King v Hee-Tak Kim & Anor [2015] EWCA Civ 1226 (29 October 2015)

The trial judge's findings on credibility and damages were open to him on the evidence; there was no arguable case for appeal as no clear error was shown.

Citation: [2015] EWCA Civ 1226
Parties: Claimant/applicant: Andrew King; Defendant/respondent: Hee-Tak Kim; Defendant/respondent: Kyong-Tae Kim
Jurisdiction: England and Wales
Judgment Date: 29 October 2015
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: Application for permission to appeal dismissed
Legal Topics: Assault, Damages, Credibility of Witnesses, Disclosure of Evidence

Tort Personal Injury Assault Damages Credibility of Witnesses Disclosure of Evidence

Case Brief

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Parties

Andrew King

Claimant/applicant

Hee-Tak Kim

Defendant/respondent

Kyong-Tae Kim

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the trial judge was biased or dishonest
2 Whether the trial judge erred in assessing the extent of injuries and damages
3 Whether the trial judge properly evaluated documentary and witness evidence

Ratio Decidendi

The trial judge's findings on credibility and damages were open to him on the evidence; there was no arguable case for appeal as no clear error was shown.

Court Disposition

Application for permission to appeal dismissed

Orders

Permission to appeal refused
No interference with trial judge's findings