Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Printer Friendly Version
The Court of Appeal has today handed down its judgment in Li Quan v Bray  EWCA Civ 405, as to the wife's appeal to overturn findings of fact by way of a 'reasons challenge' directed at the judgment of Coleridge J ( EWHC 3340 (Fam)). The issues were whether the judgment failed adequately to give reasons for the findings of fact made by Coleridge J, his evaluation of those facts and the conclusions he reached so as to render that judgment unsustainable. In particular, the question arose as to whether, had certain specific issues been dealt with by the judge in his judgment, his findings would have been such that the Court of Appeal would set aside his order and remit the case for a fresh trial.
In a detailed 42-page judgment, the Court of Appeal dismissed the wife's appeal and concluded that, having heard the submissions and been taken to the documents, the findings of Coleridge J in respect of the critical issue in relation to the purpose of the trust in dispute between the parties would have been the same even had he dealt specifically with those issues raised by counsel for the wife. The case turned on the credibility of the parties and the judge at first instance was entitled to reach the conclusions he did. Nothing within the areas of criticism entitled the appeal court to regard it as appropriate to undermine the judge’s essential conclusions.
The judgment can be accessed here:
Li Quan v Bray  EWCA Civ 405
A full analysis of the judgment will be published in LexisPSL Family. Click here for a free one week trial.
Geraldine Morris is a solicitor and Head of LexisPSL Family.
0330 161 1234