Promontoria (Oak) Ltd v Emanuel & Anor [2019] EWHC 2896 (Ch) (29 October 2019)

Promontoria (Oak) Ltd v Emanuel & Anor [2019] EWHC 2896 (Ch) (29 October 2019)

The application to admit new evidence fails because the evidence would not have had an important influence on the result at trial. The application to introduce a new ground of appeal alleging fraud fails because such allegations must be pursued by separate action, not on appeal.

Citation
[2019] EWHC 2896 (Ch)
Parties
Claimant/respondent: Promontoria (Oak) Limited; Defendant/appellant: Nicholas Michael Emanuel; Defendant/appellant: Nicola Jane Emanuel
Jurisdiction
England and Wales
Judgment Date
29 October 2019
Procedural Posture
Appeal / Application for Permission to Appeal and to Admit New Evidence
Outcome
Applications refused
Legal Topics
Assignment of Debt, Admissibility of Evidence, Fraud in Civil Proceedings, Redaction of Documents, Chain of Title
Civil Procedure Property Law Banking Law Assignment of Debt Admissibility of Evidence Fraud in Civil Proceedings Redaction of Documents Chain of Title

Case Brief

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Parties

Promontoria (Oak) Limited

Claimant/respondent

Nicholas Michael Emanuel

Defendant/appellant

Nicola Jane Emanuel

Defendant/appellant

Procedural Posture

Appeal / Application for Permission to Appeal and to Admit New Evidence

Legal Issues

  1. 1 Whether the Recorder erred in admitting a redacted assignment deed as evidence of title
  2. 2 Whether sufficient evidence was adduced to prove chain of title to the debt
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The application to admit new evidence fails because the evidence would not have had an important influence on the result at trial. The application to introduce a new ground of appeal alleging fraud fails because such allegations must be pursued by separate action, not on appeal.

Court Disposition

Applications refused

Orders

  • Application to admit new evidence refused
  • Application to amend grounds of appeal to introduce allegation of fraud refused