DCC 24/2009

The initial dispute involved a separation and an accusation that one of the spouses had been guilty of bad behaviour. Key aspects in this case were the treatment of evidence and witnesses, and whether specific evidence which had not been covered in the lower court could be considered on appeal.

Key Legal Questions

If filing an appeal to transfer the subject of the dispute before the first instance court to the second instance court and to re-submit the dispute with all evidence, defence and requests to judge is a reason that faces the elements of the dispute both real and legal unless the appellant relinquished explicitly or implicitly.

If the burden of proving a case is on the applicant.

If it is permissible for a person to be a litigant and a witness at the same time as the witness statement requires, to prove a contradiction between the litigant and the person who attests.

If it is permissible for a litigant to provide evidence for themself against their opponent.