Clarke v Coutts & Co (A Firm) [2002] EWCA Civ 928 (17 June 2002)

Clarke v Coutts & Co (A Firm) [2002] EWCA Civ 928 (17 June 2002)

Permission to raise a new point at the appeal stage was refused because the respondent was aware of the point earlier, chose not to pursue it, and the point raised no issue of principle or practice but only turned on the facts.

Citation
[2002] EWCA Civ 928
Parties
Claimant/appellant: David William Clarke; Defendant/respondent: Coutts & Co (A Firm)
Jurisdiction
England and Wales
Judgment Date
17 June 2002
Procedural Posture
Civil Appeal / Second Tier Appeal in Court of Appeal
Outcome
Permission refused to respondent to raise new point; appeal proceeds on existing grounds.
Legal Topics
Appeal Procedure, Permission to Raise New Points
Civil Procedure Appeal Procedure Permission to Raise New Points

Case Brief

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Parties

David William Clarke

Claimant/appellant

Coutts & Co (A Firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Second Tier Appeal in Court of Appeal

Legal Issues

  1. 1 Whether respondent may raise a new point at the appeal stage

Ratio Decidendi

Permission to raise a new point at the appeal stage was refused because the respondent was aware of the point earlier, chose not to pursue it, and the point raised no issue of principle or practice but only turned on the facts.

Court Disposition

Permission refused to respondent to raise new point; appeal proceeds on existing grounds.