9th Jul 2014


The appellant company appealed against the Court of Appeal’s decision that the respondent insurer had been entitled to repudiate liability under a policy of insurance. The Court of Appeal of Trinidad and Tobago had overturned the judge’s findings of fact in favour of the company, and substituted its own findings of fraud. The Privy Council held that the Court of Appeal had no proper basis for concluding that the judge had gone plainly wrong in his assessment of the evidence. His findings were primary findings of fact based on an assessment of the oral testimony of witnesses. It was evidence which an appellate court should have been very slow to reverse. The Court of Appeal did not exercise the requisite caution and its judgment could not stand.


Interested in our News & events?

Please subscribe here

Related People

Peter Knox KC

View profile

Robert Strang

View profile

For Help or Advice…

Please contact us either by telephone: +44 (0)20 7415 7800 or email: clerks@3harecourt.com

Awards & Accreditations



Portfolio Builder

Select the legal services that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)