King v Hee-Tak Kim & Anor

King v Hee-Tak Kim & Anor

The application for permission to appeal was dismissed because the trial judge's findings on the extent of injury, credibility, and damages were supported by the evidence and there was no arguable case of error or procedural unfairness.

Parties
Claimant/applicant: Andrew King; Defendant/respondent: Hee Kyong; Defendant/respondent: Tak Kim; Defendant/respondent: 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, Appeals, Assessment of Evidence

Case Brief

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Parties

Andrew King

Claimant/applicant

Hee Kyong

Defendant/respondent

Tak Kim

Defendant/respondent

Tae Kim

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

  1. 1 Whether the trial judge erred in assessing the extent of injuries and damages claimed by the claimant
  2. 2 Whether the trial judge was biased or dishonest as alleged by the claimant
  3. 3 Whether the trial judge erred in rejecting the claimant's evidence and expert report

Ratio Decidendi

The application for permission to appeal was dismissed because the trial judge's findings on the extent of injury, credibility, and damages were supported by the evidence and there was no arguable case of error or procedural unfairness.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • No rehearing of evidence by the Court of Appeal