Hanfy v Assuity & Ors [2002] EWCA Civ 807 (17 April 2002)

Hanfy v Assuity & Ors [2002] EWCA Civ 807 (17 April 2002)

The application for permission to appeal was refused because the grounds raised by Mr Assuity were either not presented to the trial judge or amounted only to unilateral statements not accepted by all parties. The appellate court found no basis to interfere with the trial judge's findings or to reopen evidentiary issues at this stage.

Citation
[2002] EWCA Civ 807
Parties
Claimant/respondent: El Sayed Mahmood Kamel Hanfy; Defendant/appellant: Wageeh Assuity; Defendant/appellant: Kerriman Assuity; Defendant/appellant: Isaac Bebawy
Jurisdiction
England and Wales
Judgment Date
17 April 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Appeals, Evidentiary Issues, Equitable Charge, Revocation of Agreement
Property Law Civil Procedure Appeals Evidentiary Issues Equitable Charge Revocation of Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

El Sayed Mahmood Kamel Hanfy

Claimant/respondent

Wageeh Assuity

Defendant/appellant

Kerriman Assuity

Defendant/appellant

Isaac Bebawy

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in preferring the claimant's evidence over the appellant's
  2. 2 Whether new documentary evidence or arguments justify permission to appeal
  3. 3 Whether a statutory demand and alleged revocation of agreement affect the judgment

Ratio Decidendi

The application for permission to appeal was refused because the grounds raised by Mr Assuity were either not presented to the trial judge or amounted only to unilateral statements not accepted by all parties. The appellate court found no basis to interfere with the trial judge's findings or to reopen evidentiary issues at this stage.

Court Disposition

Permission to appeal refused

Orders

  • Application refused
  • No order for costs