MYLES HANTLER v CLAIRE HIBBERT

MYLES HANTLER v CLAIRE HIBBERT

Permission to appeal on ground 2 (quantum of loss) is refused as it would amount to a re-hearing of factual findings, which is not the function of an appeal. Permission to appeal on ground 4 (compound interest) is granted as there is a real prospect the judge erred by awarding compound interest without a pleaded case or supporting evidence.

Parties
Claimant/respondent: Myles Hantler; Defendant/appellant: Claire Hibbert; Defendant/appellant: Stuart Hibbert
Jurisdiction
England and Wales
Judgment Date
03 February 2022
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused on ground 2; granted on ground 4.
Legal Topics
Appeals, Quantum of Loss, Interest on Judgments
Civil Procedure Appeals Quantum of Loss Interest on Judgments

Case Brief

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Parties

Myles Hantler

Claimant/respondent

Claire Hibbert

Defendant/appellant

Stuart Hibbert

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge made an arithmetical error in computing quantum of loss
  2. 2 Whether the award of compound interest at 5% per annum was justified without a pleaded case or evidence

Ratio Decidendi

Permission to appeal on ground 2 (quantum of loss) is refused as it would amount to a re-hearing of factual findings, which is not the function of an appeal. Permission to appeal on ground 4 (compound interest) is granted as there is a real prospect the judge erred by awarding compound interest without a pleaded case or supporting evidence.

Court Disposition

Permission to appeal refused on ground 2; granted on ground 4.

Orders

  • Permission to appeal on ground 2 refused.
  • Permission to appeal on ground 4 granted.