Zamparelli v Bristol City Council

Zamparelli v Bristol City Council

The claimant failed to establish on the evidence that he would have derived profits from the business, either solely or in part, and the point now relied on was not previously pleaded or supported by evidence. There is no real prospect of success on appeal, and permission to appeal should be set aside.

Parties
Claimant/respondent: Michele Zamparelli; First Defendant/appellant: Bristol City Council; Second Defendant/appellant: Bond Pearce
Jurisdiction
England and Wales
Judgment Date
30 March 2007
Procedural Posture
Civil Appeal / Application to Set Aside Permission to Appeal
Outcome
Permission to appeal set aside
Legal Topics
Breach of Contract, Negligence, Causation, Damages, Appeal Procedure
Contract Law Professional Negligence Breach of Contract Negligence Causation Damages Appeal Procedure

Case Brief

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Parties

Michele Zamparelli

Claimant/respondent

Bristol City Council

First Defendant/appellant

Bond Pearce

Second Defendant/appellant

Procedural Posture

Civil Appeal / Application to Set Aside Permission to Appeal

Legal Issues

  1. 1 Whether the claimant suffered loss as a result of alleged negligence or breach of contract
  2. 2 Whether the claimant was entitled to damages for loss of trading profit
  3. 3 Whether the appeal should proceed on a new ground not previously pleaded

Ratio Decidendi

The claimant failed to establish on the evidence that he would have derived profits from the business, either solely or in part, and the point now relied on was not previously pleaded or supported by evidence. There is no real prospect of success on appeal, and permission to appeal should be set aside.

Court Disposition

Permission to appeal set aside

Orders

  • Application to set aside permission to appeal granted
  • Permission to appeal does not survive