Turp & Anor v Mills [2001] EWCA Civ 643 (24 April 2001)

Turp & Anor v Mills [2001] EWCA Civ 643 (24 April 2001)

The allegations of material alteration and dishonesty were not pleaded at trial and do not affect the enforceability of the pre-existing contract or the defendant's liability for breach. The judge was entitled to reach his findings of fact based on the evidence, including expert testimony. There is no real prospect of success on appeal.

Citation
[2001] EWCA Civ 643
Parties
Claimant/respondent: William D Turp; Claimant/respondent: Susan M Turp; Defendant/appellant: Christopher J Mills
Jurisdiction
England and Wales
Judgment Date
24 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Breach of Contract, Damages, Appeals, Findings of Fact, Material Alteration of Deeds
Contract Law Civil Procedure Breach of Contract Damages Appeals Findings of Fact Material Alteration of Deeds

Case Brief

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Parties

William D Turp

Claimant/respondent

Susan M Turp

Claimant/respondent

Christopher J Mills

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appeal has a real prospect of success against findings of fact and law regarding breach of contract and damages
  2. 2 Whether alleged material alteration of deed and alleged dishonesty by claimants affect enforceability of contract or entitlement to damages

Ratio Decidendi

The allegations of material alteration and dishonesty were not pleaded at trial and do not affect the enforceability of the pre-existing contract or the defendant's liability for breach. The judge was entitled to reach his findings of fact based on the evidence, including expert testimony. There is no real prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • No order for costs