Tag Archives: Findings of fact

DISPUTES OF FACT IN SUMMARY JUDGMENT APPLICATIONS: THE APPROPRIATE TEST

In Optaglio Limited -v- Tethal [2015] EWCA Civ 1002 the Court of Appeal considered the issue of how far a judge can determine disputed issues of fact in a summary judgment application. THE CASE The claimant was appealing an order whereby the defendants had been granted summary judgment. The claimant was alleging negligence on the […]

THE ROLE OF THE APPELLATE COURT IN CONSIDERING FINDINGS OF FACT

In Clydesdale Bank -v- Duffy [2014] EWCA Civ 1260 the Court of Appeal set out a clear statement of the limited role of the appeal court in considering appeals in relation to findings of fact by the trial judge. THE FACTS The bank was suing under a guarantee. There was a two day preliminary trial […]