Zamparelli v Bristol City Council [2007] EWCA Civ 377 (30 March 2007)

Zamparelli v Bristol City Council [2007] EWCA Civ 377 (30 March 2007)

The claimant failed to establish, on the balance of probabilities, that he would have operated the business for his own profit at any relevant time, and the new point raised was not previously pleaded, evidenced, or argued; therefore, there was no real prospect of success on appeal and permission should be set aside.

Citation
[2007] EWCA Civ 377
Parties
Claimant/respondent: Michele Zamparelli; Defendant/appellant: Bristol City Council; Defendant/appellant: Bond Pearce (a firm)
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, Professional Negligence, Landlord and Tenant, Appeal Procedure
Contract Law Tort Law Professional Negligence Breach of Contract Negligence Causation Damages Landlord and Tenant +1 more

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Parties

Michele Zamparelli

Claimant/respondent

Bristol City Council

Defendant/appellant

Bond Pearce (a firm)

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Set Aside Permission to Appeal

Legal Issues

  1. 1 Whether the claimant suffered recoverable loss as a result of alleged breaches of contract and/or negligence by the defendants
  2. 2 Whether the claimant was entitled to profits from the business at the relevant time
  3. 3 Whether the appeal should proceed on a new ground not previously pleaded or argued

Ratio Decidendi

The claimant failed to establish, on the balance of probabilities, that he would have operated the business for his own profit at any relevant time, and the new point raised was not previously pleaded, evidenced, or argued; therefore, there was no real prospect of success on appeal and permission should be set aside.

Court Disposition

Permission to appeal set aside

Orders

  • Application to set aside permission to appeal granted