Nicolet v Halim [2005] EWCA Civ 91 (17 January 2005)

Nicolet v Halim [2005] EWCA Civ 91 (17 January 2005)

The newly discovered documents, which were not available at trial and could have had an important influence on the outcome, justify setting aside the original judgment and ordering a re-trial on all issues before a different judge.

Source-derived case information.

Citation
[2005] EWCA Civ 91
Parties
Claimant/respondent: Denis Nicolet; Defendant/appellant: Suzanne Halim
Jurisdiction
England and Wales
Judgment Date
17 January 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; judgment below set aside; re-trial ordered before a different judge.
Legal Topics
Beneficial Ownership, Trusts of Land, New Evidence on Appeal, Credibility of Witnesses, Loan Versus Compensation, Setting Aside Judgment, Re Trial
Property Law Trusts Civil Procedure Beneficial Ownership Trusts of Land New Evidence on Appeal Credibility of Witnesses Loan Versus Compensation +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Denis Nicolet

Claimant/respondent

Suzanne Halim

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether new evidence should be admitted on appeal
  2. 2 Whether the claimant held the flat on trust for the defendant
  3. 3 Whether sums paid to the defendant were loans or compensation

Ratio Decidendi

The newly discovered documents, which were not available at trial and could have had an important influence on the outcome, justify setting aside the original judgment and ordering a re-trial on all issues before a different judge.

Court Disposition

Appeal allowed; judgment below set aside; re-trial ordered before a different judge.

Orders

  • Judgment below set aside
  • Re-trial to take place at Central London County Court before a different judge