Challenge not fair to court or respondent

Where an appellant failed to make it clear, or changed its position on the issue of whether a first-instance finding of fact was being challenged, it was not fair either to an appellate court or to the respondent. This was especially so when that fact involved the honesty of a respondent, and, if it was being challenged, the respect in which, and the grounds on which, it was being so challenged. The Court of Appeal dismissed an appeal by a company which had claimed damages for two alleged torts.