Cook & Anor v National Westminster Bank Plc [2002] EWCA Civ 1556 (21 October 2002)

Cook & Anor v National Westminster Bank Plc [2002] EWCA Civ 1556 (21 October 2002)

There was no pleaded or evidential basis at trial that overcharging caused the business failure; expert reports did not address causation, and the claimants cannot raise new issues or evidence on appeal that could have been presented at trial. The judge was entitled to proceed on the expert reports before him, and there is no real prospect of success on appeal.

Citation
[2002] EWCA Civ 1556
Parties
Claimant/applicant: John Cook; Claimant/applicant: Doreen Cook; Defendant/respondent: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
21 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Bank Charges, Overcharging, Causation of Loss, Expert Evidence, Permission to Appeal
Banking Law Civil Procedure Bank Charges Overcharging Causation of Loss Expert Evidence Permission to Appeal

Case Brief

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Parties

John Cook

Claimant/applicant

Doreen Cook

Claimant/applicant

National Westminster Bank PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether overcharging by the bank caused the failure of the claimants' business
  2. 2 Whether the trial judge erred in not allowing further expert evidence on causation
  3. 3 Whether there are grounds to admit new evidence on appeal

Ratio Decidendi

There was no pleaded or evidential basis at trial that overcharging caused the business failure; expert reports did not address causation, and the claimants cannot raise new issues or evidence on appeal that could have been presented at trial. The judge was entitled to proceed on the expert reports before him, and there is no real prospect of success on appeal.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Application to adjourn refused