Mr Justice Turner threw out the challenge from a claimant in the case of Rashid v Munir & Ors who wanted a share of profits from rental properties run by his brothers after their father’s death.
Of the claimant, he stated: ‘I do not believe him on this or indeed any other material matter’. The first defendant’s evidence was ‘unhelpful’ and the second defendant was ‘as heroically dishonest as he is in his everyday life’. The third defendant was described as giving evidence in a ‘facetious manner’, which included winking at the claimant’s counsel and showing he regarded telling the truth as ‘simply no more than a lifestyle choice’.
The judge added: ‘Attempting to establish the common but unstated intention of a group of individuals all giving honest but conflicting evidence is difficult enough. Where, as here, each witness is attempting to outdo the other in a rich display of competitive dishonesty, the task of the judge is unenviable.’
The judge’s conclusion that the claimant was not entitled to claim a share of the commercial rents was ruled unassailable and the appeal dismissed.
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