Timbrell v Colonial Mutual Group (UK Holdings) Ltd [2001] EWCA Civ 1992 (12 December 2001)

Timbrell v Colonial Mutual Group (UK Holdings) Ltd [2001] EWCA Civ 1992 (12 December 2001)

Colonial Mutual, though IMRO regulated, was an exempted person under the Financial Services Act 1986 for the purposes of the LAUTRO rules, making the reference regarding Mr Timbrell's debt accurate and not negligent; thus, there was no realistic prospect of success on appeal.

Citation
[2001] EWCA Civ 1992
Parties
Claimant/applicant: Maurice Timbrell; Defendant/respondent: Colonial Mutual Group (UK Holdings) Ltd
Jurisdiction
England and Wales
Judgment Date
12 December 2001
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Breach of Contract, Negligent Reference, Financial Services Regulation, LAUTRO Rules, Exempted Person Under Financial Services Act 1986
Contract Law Employment Law Financial Regulation Breach of Contract Negligent Reference Financial Services Regulation LAUTRO Rules Exempted Person Under Financial Services Act 1986

Case Brief

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Parties

Maurice Timbrell

Claimant/applicant

Colonial Mutual Group (UK Holdings) Ltd

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Colonial Mutual was an 'exempted person' under the LAUTRO rules for the purposes of Mr Timbrell's employment reference
  2. 2 Whether the reference given by Colonial Mutual was negligent and caused Mr Timbrell's dismissal
  3. 3 Whether Mr Timbrell could recover consequential losses for breach of contract

Ratio Decidendi

Colonial Mutual, though IMRO regulated, was an exempted person under the Financial Services Act 1986 for the purposes of the LAUTRO rules, making the reference regarding Mr Timbrell's debt accurate and not negligent; thus, there was no realistic prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • A copy of this judgment to be supplied to the applicant at public expense