Shingari v Hearne & Co [2001] EWCA Civ 1855 (23 November 2001)

Shingari v Hearne & Co [2001] EWCA Civ 1855 (23 November 2001)

The trial judge's findings of fact, based on the evidence and witness credibility, were not shown to be plainly wrong or erroneous. There was no real prospect of success in the appeal as no compelling reason or error in the judge's assessment was demonstrated.

Citation
[2001] EWCA Civ 1855
Parties
Claimant/applicant: Sudarshan Kumar Shingari; Defendant/respondent: Hearne & Co
Jurisdiction
England and Wales
Judgment Date
23 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Order of Chancery Division
Outcome
Application for permission to appeal dismissed
Legal Topics
Breach of Trust, Stakeholder Liability, Findings of Fact, Appeal Standards
Trusts Contract Civil Procedure Breach of Trust Stakeholder Liability Findings of Fact Appeal Standards

Case Brief

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Parties

Sudarshan Kumar Shingari

Claimant/applicant

Hearne & Co

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Order of Chancery Division

Legal Issues

  1. 1 Whether Hearne & Co held £105,000 as trustee for Mr Shingari and breached trust by releasing funds
  2. 2 Whether the trial judge erred in findings of fact regarding the terms on which the money was paid

Ratio Decidendi

The trial judge's findings of fact, based on the evidence and witness credibility, were not shown to be plainly wrong or erroneous. There was no real prospect of success in the appeal as no compelling reason or error in the judge's assessment was demonstrated.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application dismissed