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Robin Henry
Partner - Head of Dispute Resolution Services
Background
In 2018, Collyer Bristow reported on a Commercial Court decision in which Mr Justice Knowles dismissed allegations of fraud against forex trading firm Ikon Finance (“Ikon”). Simetra Global Assets Limited and Richcroft Investments Limited (the “Claimants”) accused Ikon of assisting George Daskaleas to misappropriate large sums of subscription funds from investors, which were supposed to be actively traded on online forex platforms. The trial lasted 13 days. However, in a brief judgment, Mr Justice Knowles held that the Claimants’ allegations had failed “in every material respect”.
Further details about the first instance decision can be found here.
The Claimants appealed the decision, arguing for a retrial with a different Judge on the basis that Mr Justice Knowles had failed to give adequate reasons for his decision.
Decision
The Court of Appeal allowed the appeal. It was held that the failure to give reasons for a conclusion essential to a judge’s decision is a good ground of appeal. Lord Justice Males, who delivered the lead judgment, explained that whilst it is not strictly necessary for a Judge to deal expressly with every single point, she or he “must say enough to show that care has been taken and that the evidence as a whole has been properly considered.” A judge can achieve this by: (1) identifying the issues which need to be decided; (2) marshalling the evidence which bears on those issues; and (3) giving reasons why the principally relevant evidence is either to be accepted or rejected. The Court of Appeal held that Mr Justice Knowles failed to meet those criteria because:
The Court of Appeal decided that, although putting the Defendants through the stress and expense of a retrial was regrettable, it would be more unfair to let the “serious and inadequately reasoned findings” of the Judge stand.
Comment
This decision shows that the Court of Appeal is intent on maintaining rigorously high standards expected of High Court Judges with respect to their judgments. Litigants should bear in mind that if a decision goes against them, any failure by the Judge to give adequate reasons for their conclusions may give rise to a valid ground of appeal.
27 November 2019
You are contacting
Partner - Head of Dispute Resolution Services