Thatcher v Douglas & Anor [1995] EWCA Civ 38 (15 November 1995)

Leave to amend the notice of appeal was refused for allegations of judicial unfairness or bias, but allowed to the extent that omissions and alleged failures may be relied upon to support the general ground that the findings were against the weight of evidence.

Citation: [1995] EWCA Civ 38
Parties: Plaintiff/respondent: Ronald George Thatcher; Defendant/appellant: James Kenneth Douglas; Defendant/appellant: Diane Lynne Douglas
Jurisdiction: England and Wales
Judgment Date: 15 November 1995
Procedural Posture: Civil Appeal / Ruling on Application to Amend Notice of Appeal
Outcome: Application for leave to amend notice of appeal refused in part and allowed in part.
Legal Topics: Appeal, Amendment of Notice of Appeal, Judicial Bias

Civil Procedure Appeal Amendment of Notice of Appeal Judicial Bias

Case Brief

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Parties

Ronald George Thatcher

Plaintiff/respondent

James Kenneth Douglas

Defendant/appellant

Diane Lynne Douglas

Defendant/appellant

Procedural Posture

Civil Appeal / Ruling on Application to Amend Notice of Appeal

Legal Issues

1 Whether leave should be granted to amend the notice of appeal to include allegations of judicial unfairness or bias
2 Whether omissions and alleged failures can be relied upon as grounds that findings were against the weight of evidence

Ratio Decidendi

Court Disposition

Application for leave to amend notice of appeal refused in part and allowed in part.

Orders

Amendments alleging judicial unfairness or bias disallowed.
Omissions and alleged failures permitted to support general ground of appeal.