Daley v Bakiyev

Daley v Bakiyev

The Claimant failed to establish, on the balance of probabilities, that the Defendant organised and arranged his shooting. The only specific evidence of the Defendant's involvement was from Mr Sin Beti, whose evidence was found wholly unreliable, implausible, and tainted by motives to misrepresent. There was no reliable evidence of motive, means, or propensity, and alternative explanations for the shooting could not be ruled out. Accordingly, the claim was dismissed.

Parties
Claimant: Sean Daley; Defendant: Maksim Bakiyev
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Civil Claim for Damages (personal Injury) / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Attempted Murder, Damages, Hearsay Evidence, Standard of Proof, Limitation, Admissibility of Foreign Convictions
Tort Personal Injury Civil Procedure Attempted Murder Damages Hearsay Evidence Standard of Proof Limitation +1 more

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Parties

Sean Daley

Claimant

Maksim Bakiyev

Defendant

Procedural Posture

Civil Claim for Damages (personal Injury) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Defendant organised and arranged the shooting of the Claimant
  2. 2 Admissibility and weight of hearsay evidence
  3. 3 Credibility of witnesses

Ratio Decidendi

The Claimant failed to establish, on the balance of probabilities, that the Defendant organised and arranged his shooting. The only specific evidence of the Defendant's involvement was from Mr Sin Beti, whose evidence was found wholly unreliable, implausible, and tainted by motives to misrepresent. There was no reliable evidence of motive, means, or propensity, and alternative explanations for the shooting could not be ruled out. Accordingly, the claim was dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim for damages dismissed
  • No order as to admissibility of foreign convictions