De Maynard v Adu [2002] EWCA Civ 717 (9 May 2002)

De Maynard v Adu [2002] EWCA Civ 717 (9 May 2002)

The judge's findings of fact, based on the credibility of the witnesses, are not open to challenge on appeal in the absence of any error or new evidence affecting those findings.

Citation
[2002] EWCA Civ 717
Parties
Claimant/applicant: V A De Maynard; Defendant/respondent: C Adu
Jurisdiction
England and Wales
Judgment Date
09 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Road Traffic Accident, Appeal Procedure, Assessment of Evidence
Tort Civil Procedure Road Traffic Accident Appeal Procedure Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

V A De Maynard

Claimant/applicant

C Adu

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in preferring the defendant's evidence over the claimant's in a road traffic accident claim
  2. 2 Whether new evidence or arguments justify overturning the trial judge's findings of fact

Ratio Decidendi

The judge's findings of fact, based on the credibility of the witnesses, are not open to challenge on appeal in the absence of any error or new evidence affecting those findings.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused