Wasim Taskeen successfully defended an appeal from the facts in the Queen’s Bench Division of the Manchester District Registry of the High Court on 27 July 2015 in the matter of (1) APTA UK (2) Global Service Travel Agents (UK) Limited vs. Royal Travel Limited. Wasim appeared before The Honourable Mr Justice Jay QC on behalf of the respondent.
The appellants were seeking to persuade the appellate court to overturn various findings of fact made by the trial judge when he had found in favour of the respondent at first instance. The original proceedings were a classic factual dispute, turning on whether monies forwarded by the respondent constituted a loan or a contribution to legal expenses.
The appellate court refused to interfere with the trial judge’s decision on the basis that the appellants had failed to establish that the trial judge had been “plainly wrong” in coming to the decision that he did. The appellate court reminded the parties of the very high hurdle that appellants seeking to appeal findings of fact had to clear, namely, the need to establish that the trial judge’s decision was either incapable of being sufficiently explained or justified. Further, that it was the exception, and not the rule, for appellate courts to interfere in the way being proposed by the appellants.
Wasim also obtained a costs’ order in favour of the respondents following the conclusion of the appeal hearing.