Ravindran v Rasanayagam [2001] EWCA Civ 365 (13 March 2001)

Ravindran v Rasanayagam [2001] EWCA Civ 365 (13 March 2001)

The Master's findings, though open to criticism, were based on the available documentary evidence and inherent probabilities after finding both parties' oral evidence unreliable. There was no realistic prospect of success for an appeal as the Master correctly approached the burden of proof and the assessment of evidence.

Citation
[2001] EWCA Civ 365
Parties
Claimant/applicant: Rasanithy Ravindran; Defendant/respondent: Kumarasamy Rasanayagam
Jurisdiction
England and Wales
Judgment Date
13 March 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Application for permission to appeal and extension of time refused
Legal Topics
Burden of Proof, Partnership Formation, Assessment of Evidence
Civil Procedure Partnership Law Burden of Proof Partnership Formation Assessment of Evidence

Case Brief

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Parties

Rasanithy Ravindran

Claimant/applicant

Kumarasamy Rasanayagam

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether a partnership existed between the claimant and defendant
  2. 2 Whether the claimant contributed £25,000 to the partnership
  3. 3 Whether the Master's findings of fact were inconsistent or erroneous

Ratio Decidendi

The Master's findings, though open to criticism, were based on the available documentary evidence and inherent probabilities after finding both parties' oral evidence unreliable. There was no realistic prospect of success for an appeal as the Master correctly approached the burden of proof and the assessment of evidence.

Court Disposition

Application for permission to appeal and extension of time refused

Orders

  • Applications refused