Kashi (t/a Tantalizing Face and Body Clinic) v Mustafa

Kashi (t/a Tantalizing Face and Body Clinic) v Mustafa

The trial judge correctly applied the burden and standard of proof, made factual findings supported by evidence, properly exercised discretion regarding procedural matters, and did not err in refusing to admit fresh evidence or in inferring the existence of a laser machine.

Parties
Appellant/defendant: Dhiaa Kashi (t/a Tantalizing Face and Body Clinic); Respondent/claimant: Shahinaz Mustafa
Jurisdiction
England and Wales
Judgment Date
21 October 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Burden of Proof, Standard of Proof, Admissibility of Fresh Evidence, Procedural Irregularity, Credibility of Witnesses
Tort Medical Negligence Burden of Proof Standard of Proof Admissibility of Fresh Evidence Procedural Irregularity Credibility of Witnesses

Case Brief

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Parties

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

Appellant/defendant

Shahinaz Mustafa

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in law regarding 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 factual findings supported by evidence, properly exercised discretion regarding procedural matters, and did not err in refusing to admit fresh evidence or in inferring the existence of a laser machine.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of the trial judge stands.