Taylor v Fitzpatrick [1979] JLR 1 (29 January 1979)

Taylor v Fitzpatrick [1979] JLR 1 (29 January 1979)

Appellate courts are generally bound by the trial court's assessment of witness reliability except in exceptional circumstances, but may more readily review conclusions regarding the burden of proof.

Citation
[1979] JLR 1
Parties
Appellant: Taylor; Respondent: Fitzpatrick
Jurisdiction
Jersey
Judgment Date
29 January 1979
Procedural Posture
Civil Appeal / Appellate
Legal Topics
Appeals, Assessment of Facts, Burden of Proof
Civil Procedure Appeals Assessment of Facts Burden of Proof

Case Brief

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Parties

Taylor

Appellant

Fitzpatrick

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

  1. 1 When may an appellate court depart from the trial court's conclusions on the reliability of witnesses?
  2. 2 To what extent may an appellate court interfere with the trial court's conclusions on the discharge of the burden of proof?

Ratio Decidendi

Appellate courts are generally bound by the trial court's assessment of witness reliability except in exceptional circumstances, but may more readily review conclusions regarding the burden of proof.