Boudh v Boudh & Anor

Boudh v Boudh & Anor

There is sufficient doubt about the judge's reconstruction of the evidence and application of legal principles to justify granting permission to appeal.

Parties
Appellant: Boudh; Respondent: Boudh & Anr
Jurisdiction
England and Wales
Judgment Date
22 March 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Appeal, Will Validity, Evidence Assessment
Probate Civil Procedure Appeal Will Validity Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Boudh

Appellant

Boudh & Anr

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge misapplied the principles in Wintle v Nye regarding the assessment of evidence and will validity
  2. 2 Whether the judge was wrong to reconstruct the evidence contrary to witness testimony

Ratio Decidendi

There is sufficient doubt about the judge's reconstruction of the evidence and application of legal principles to justify granting permission to appeal.

Court Disposition

permission to appeal granted

Orders

  • permission to appeal granted
  • stay granted