Durant Intl. v Brazil [2013] 1 JLR 273 (11 April 2013)

Durant Intl. v Brazil [2013] 1 JLR 273 (11 April 2013)

The Court of Appeal should not lightly overturn the Royal Court's evaluation of hearsay evidence, particularly where the lower court had the advantage of systematic presentation and more time to assess the evidence.

Source-derived case information.

Citation
[2013] 1 JLR 273
Parties
Applicant: Durant International; Respondent: Brazil
Jurisdiction
Jersey
Judgment Date
11 April 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Hearsay, Evaluation of Evidence, Appellate Review
Evidence Hearsay Evaluation of Evidence Appellate Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Durant International

Applicant

Brazil

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Court of Appeal can overturn the Jurats' evaluation of hearsay evidence
  2. 2 Appropriate approach to appellate review of evidentiary weight

Ratio Decidendi

The Court of Appeal should not lightly overturn the Royal Court's evaluation of hearsay evidence, particularly where the lower court had the advantage of systematic presentation and more time to assess the evidence.

Court Disposition

appeal dismissed