Abbey Life Assurance Company Ltd v Yeap [2001] EWCA Civ 706 (11 May 2001)

Abbey Life Assurance Company Ltd v Yeap [2001] EWCA Civ 706 (11 May 2001)

The Court of Appeal held that the unfairness point had been abandoned in the court below and that permission to amend the grounds of appeal to include it should be refused.

Citation
[2001] EWCA Civ 706
Parties
Claimant (respondent): Abbey Life Assurance Company Limited; Defendant (applicant/appellant): Kok Theam Yeap
Jurisdiction
England and Wales
Judgment Date
11 May 2001
Procedural Posture
Civil Appeal / Application to Amend Grounds of Appeal
Outcome
Permission to amend grounds of appeal refused; permission to incorporate ground 2 granted.
Legal Topics
Amendment of Grounds of Appeal, Unfair Contract Terms, Abandonment of Legal Issues
Contract Law Civil Procedure Amendment of Grounds of Appeal Unfair Contract Terms Abandonment of Legal Issues

Case Brief

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Parties

Abbey Life Assurance Company Limited

Claimant (respondent)

Kok Theam Yeap

Defendant (applicant/appellant)

Procedural Posture

Civil Appeal / Application to Amend Grounds of Appeal

Legal Issues

  1. 1 Whether the appellant should be permitted to amend the grounds of appeal to raise the issue of unfairness of the contract term
  2. 2 Whether the issue of unfairness had been abandoned in the court below

Ratio Decidendi

The Court of Appeal held that the unfairness point had been abandoned in the court below and that permission to amend the grounds of appeal to include it should be refused.

Court Disposition

Permission to amend grounds of appeal refused; permission to incorporate ground 2 granted.

Orders

  • Permission to amend grounds of appeal in relation to unfairness refused
  • Permission to incorporate ground 2 granted