“…An appellate court will only rarely interfere with findings of fact made at first instance. In R (DB) v Chief Constable of Police Service of Northern Ireland [2017] UKSC 7, Lord Kerr said at para.[78-80]: ‘The case for reticence on the part of the appellate court, whilst perhaps not as strong in a case where no oral evidence has …”
“…ecision of the lower Court, and that requires the appellate Court to show a degree of reticence. See DB v Chief Constable of Police Service of Northern Ireland [2017] UKSC 7 at [80] per Lord Kerr JSC:…”
“…ew findings of fact by a court of first instance in [78] to [80] of the judgment of Lord Kerr in DB v Chief Constable of the Police Service of Northern Ireland [2017] UKSC 7; [2017] 3 LRC 252. He submitted that the judge was clearly right that the coroner had not had regard to the powerful imperative of open justice.…”
“…. How does the matter stand where the first instance judge has based his decision entirely on the documents? DB v Chief Constable of Police of Northern Ireland [2017] UKSC 7, [2017] NI 301 was an application for judicial review concerning the powers of the police service to prevent a parade from taking place in Belfast. At first in…”
“…ases dealing with findings of fact made at trial after hearing oral evidence, Lord Kerr explained in DB v Chief Constable of Police Service of Northern Ireland [2017] UKSC 7, [2017] NI 301 at [80]:…”