Bon Bleu Ltd v Perez & Anor [2002] EWCA Civ 1912 (16 December 2002)

Bon Bleu Ltd v Perez & Anor [2002] EWCA Civ 1912 (16 December 2002)

The application for permission to appeal was dismissed because the trial judge's findings of fact, particularly regarding the credibility of the claimant's witness, cannot be disturbed on appeal, and there is no prospect of success in the application.

Citation
[2002] EWCA Civ 1912
Parties
Claimant (respondent): Bon Bleu Limited; First Defendant (applicant): Antonio Perez; Second Defendant: Jane Miller
Jurisdiction
England and Wales
Judgment Date
16 December 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Appeal, Judgment Correction, Debt Recovery
Civil Procedure Contract Law Appeal Judgment Correction Debt Recovery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bon Bleu Limited

Claimant (respondent)

Antonio Perez

First Defendant (applicant)

Jane Miller

Second Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against the County Court judgment
  2. 2 Whether the judgment sum was correctly entered
  3. 3 Whether the trial judge's findings of fact can be overturned

Ratio Decidendi

The application for permission to appeal was dismissed because the trial judge's findings of fact, particularly regarding the credibility of the claimant's witness, cannot be disturbed on appeal, and there is no prospect of success in the application.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed