Kakembo v Legal & General Assurance Society Ltd [2002] EWCA Civ 655 (29 April 2002)

Kakembo v Legal & General Assurance Society Ltd [2002] EWCA Civ 655 (29 April 2002)

The applicant was not entitled to further advances because he failed to meet the required commission levels under the agency agreement and Business Plan D. The lower court's findings of fact were based on evidence it was entitled to accept, and there was no real prospect of success on appeal.

Citation
[2002] EWCA Civ 655
Parties
Claimant/applicant: S S Kakembo; Defendant/respondent: Legal & General Assurance Society Limited
Jurisdiction
England and Wales
Judgment Date
29 April 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Permission to appeal refused
Legal Topics
Agency Agreements, Appeals Procedure, Contractual Obligations, Extension of Time
Contract Law Civil Procedure Agency Agreements Appeals Procedure Contractual Obligations Extension of Time

Case Brief

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Parties

S S Kakembo

Claimant/applicant

Legal & General Assurance Society Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the applicant was entitled to advances under the agency agreement despite not meeting commission targets
  2. 2 Whether the lower court's findings of fact were based on flawed evidence
  3. 3 Whether there was a procedural irregularity justifying permission to appeal

Ratio Decidendi

The applicant was not entitled to further advances because he failed to meet the required commission levels under the agency agreement and Business Plan D. The lower court's findings of fact were based on evidence it was entitled to accept, and there was no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • No extension of time granted