Skanska Construction Ltd v Egger (Barony) Ltd [2004] EWCA Civ 1810 (17 December 2004)

Skanska Construction Ltd v Egger (Barony) Ltd [2004] EWCA Civ 1810 (17 December 2004)

The Court of Appeal has no jurisdiction to entertain an appeal against a finding of fact that has no consequence in the order or judgment; only orders, not reasons or findings, are appealable.

Citation
[2004] EWCA Civ 1810
Parties
Claimant/respondent: Skanska Construction Limited; Defendant/applicant: Egger (Barony) Limited
Jurisdiction
England and Wales
Judgment Date
17 December 2004
Procedural Posture
Appeal / Application for Permission to Appeal (renewed Oral Application)
Outcome
Application for permission to appeal refused.
Legal Topics
Appeals, Jurisdiction of Court of Appeal, Findings of Fact, Costs Orders
Civil Procedure Construction Law Appeals Jurisdiction of Court of Appeal Findings of Fact Costs Orders

Case Brief

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Parties

Skanska Construction Limited

Claimant/respondent

Egger (Barony) Limited

Defendant/applicant

Procedural Posture

Appeal / Application for Permission to Appeal (renewed Oral Application)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an appeal against a finding of fact that has no consequence in the order or judgment
  2. 2 Whether a party can appeal a judge's comment or finding that does not affect the substantive order

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal against a finding of fact that has no consequence in the order or judgment; only orders, not reasons or findings, are appealable.

Court Disposition

Application for permission to appeal refused.

Orders

  • Permission to appeal on the third ground (finding regarding lateness in agreeing the final account) is refused.