Skanska Construction Ltd v Egger (Barony) Ltd

Skanska Construction Ltd v Egger (Barony) Ltd

The Court of Appeal has no jurisdiction to hear an appeal against a finding of fact that has no consequence in the order or judgment. Such findings are not appealable unless reflected in an order or declaration.

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

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 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Skanska Construction Limited

Claimant/respondent

Egger (Barony) Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an appeal against a finding of fact that has no effect on the order or judgment
  2. 2 Whether a party can appeal a finding of fact made in the judgment when it does not affect the outcome

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear an appeal against a finding of fact that has no consequence in the order or judgment. Such findings are not appealable unless reflected in an order or declaration.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused