Judge: Coulson LJ
Citation:  EWCA Civ 2403
The Court of Appeal restated the relevant principles applicable to appeals from the TCC.
In refusing permission to appeal, the Court of Appeal took the opportunity to restate the relevant principles applicable to appeals from the TCC. On the facts, the Court held that the insurer was not entitled to refuse to indemnify the insured in relation to a fire damage claim. The insurer had challenged various findings of fact at first instance, and the lower court’s assessment of the extra witness evidence. Any application for permission to appeal on matters of fact or evaluations of expert evidence had to surmount the high hurdle identified in previous authorities. Further TCC judgments are likely to involve detailed findings of fact, lengthy and interlocking assessments of factual and expert evidence in a specialist area, together with factual minutiae which is difficult or impossible sensibly to reconsider on appeal.