IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CENTRAL LONDON COUNTY COURT
(RECORDER GORDON)
Strand London, WC2 |
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B e f o r e :
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ANDREW KING | Claimant/Applicant | |
-v- | ||
HEE-TAK KIM | ||
KYONG-TAE KIM | Defendants/Respondents |
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"I formed a very negative view of Mr King's credibility. I do not doubt that he was shocked and humiliated as a result of the incident, but the extent of the assault and its consequence have been enormously exaggerated by Mr King. His account to the police on the evening of the incident clearly does not feature Mr King being knocked unconscious."
Mr King had apparently told the Recorder that he was happy with the statement which he had given to the police at the time. The judge went on to note that Mr King's evidence that he had a swollen face, which remained visible effectively for months, was inconsistent with the police evidence from that day and with the hospital doctor's evidence from the day after the incident. No photographs had been produced. The judge roundly found that Mr King's evidence as to the consequence of the attack "was in the main incredible and inconsistent".