Tudor v Laniyan [2001] EWCA Civ 2069 (13 December 2001)

Tudor v Laniyan [2001] EWCA Civ 2069 (13 December 2001)

The appellate court will not disturb the trial judge's findings of fact or credibility assessments absent clear error; the judge was entitled to prefer the applicant's evidence and grant the injunctions.

Citation
[2001] EWCA Civ 2069
Parties
Petitioner/respondent: Ms Roselyn Tudor; Respondent/applicant: Mr Leslie Laniyan
Jurisdiction
England and Wales
Judgment Date
13 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Non Molestation Order, Injunction, Findings of Fact, Credibility Assessment, Appeal Against Factual Findings
Family Law Civil Procedure Non Molestation Order Injunction Findings of Fact Credibility Assessment Appeal Against Factual Findings

Case Brief

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Parties

Ms Roselyn Tudor

Petitioner/respondent

Mr Leslie Laniyan

Respondent/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in granting non-molestation and exclusion injunctions against Mr Laniyan based on findings of fact
  2. 2 Whether the appellate court can interfere with the trial judge's assessment of credibility and factual findings

Ratio Decidendi

The appellate court will not disturb the trial judge's findings of fact or credibility assessments absent clear error; the judge was entitled to prefer the applicant's evidence and grant the injunctions.

Court Disposition

application dismissed

Orders

  • Application for permission to appeal dismissed