Marc Thorley investigates appeals on questions of fact
- Recent decision in Volpi & Delta Limited v Volpi set out principles to be applied on questions of fact appeals.
- A look back at Lewison LJ’s findings in Fage UK Ltd and Another v Chobani UK Ltd and Another.
Appeals on pure questions of fact have long been disliked by the appeal courts. In its recent decision in Volpi & Delta Limited v Volpi [2022] EWCA Civ 464, the Court of Appeal has set out clearly the principles to be applied on such appeals. It has issued a warning to those who ‘island hop’ by focusing their appeals on their preferred select extracts of (supposedly misjudged) evidence, rather than dealing with the entire sea of evidence available to the trial judge.
Facts
The case was about whether CHF (Swiss Francs) 6m advanced by a father, through a company controlled by him, to his son, was a loan or a gift. The moneys were for the purchase of, and improvements to, an apartment.
There was little contemporaneous documentary
