Zargaran London (A Firm) v Zargaran [2001] EWCA Civ 849 (18 May 2001)

The judge was entitled to find, on the evidence and documents, that an agreement to pay storage charges existed and there was no real prospect of a successful appeal. The application to adduce fresh evidence failed as the evidence could have been produced at trial and there were no reasonable grounds to re-open the counterclaim.

Citation: [2001] EWCA Civ 849
Parties: Claimant/respondent: Zargaran London (A Firm); First Defendant/first Appellant: Nasser Zargaran; Second Defendant/second Appellant: Bibi Boft Carpets Ltd
Jurisdiction: England and Wales
Judgment Date: 18 May 2001
Procedural Posture: Civil Appeal / Application for Permission to Appeal (renewed)
Outcome: Application dismissed
Legal Topics: Appeal Against Judgment, Adducing Fresh Evidence, Storage Charges Agreement, Counterclaim Dismissal

Contract Law Civil Procedure Appeal Against Judgment Adducing Fresh Evidence Storage Charges Agreement Counterclaim Dismissal

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Parties

Zargaran London (A Firm)

Claimant/respondent

Nasser Zargaran

First Defendant/first Appellant

Bibi Boft Carpets Ltd

Second Defendant/second Appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed)

Legal Issues

1 Whether permission to appeal should be granted against the order for storage charges
2 Whether fresh evidence should be admitted to re-open the counterclaim

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Permission to appeal refused on all grounds except costs order (already granted on paper)
Application to adduce fresh evidence dismissed