Kashi (t/a Tantalizing Face and Body Clinic) v Mustafa [2011] EWHC 2701 (QB) (21 October 2011)

Kashi (t/a Tantalizing Face and Body Clinic) v Mustafa [2011] EWHC 2701 (QB) (21 October 2011)

The trial judge correctly applied the burden and standard of proof, made findings of fact supported by evidence, properly exercised discretion in procedural matters, and there was no basis for admitting fresh evidence or interfering with the judgment.

Citation
[2011] EWHC 2701
Parties
Appellant/defendant: Dhiaa Kashi (t/a Tantalizing Face and Body Clinic); Respondent/claimant: Miss Shahinaz Mustafa
Jurisdiction
England and Wales
Judgment Date
21 October 2011
Procedural Posture
Civil Appeal (personal Injury Negligence) / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Standard of Proof, Procedural Irregularity, Admissibility of Fresh Evidence, Credibility of Witnesses
Tort Law Personal Injury Civil Procedure Negligence Standard of Proof Procedural Irregularity Admissibility of Fresh Evidence Credibility of Witnesses

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Parties

Dhiaa Kashi (t/a Tantalizing Face and Body Clinic)

Appellant/defendant

Miss Shahinaz Mustafa

Respondent/claimant

Procedural Posture

Civil Appeal (personal Injury Negligence) / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in law regarding the burden and standard of proof
  2. 2 Whether the trial judge erred in fact regarding the date of the incident
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The trial judge correctly applied the burden and standard of proof, made findings of fact supported by evidence, properly exercised discretion in procedural matters, and there was no basis for admitting fresh evidence or interfering with the judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of the County Court affirmed.