Carnell v Middleton & Anor [2001] EWCA Civ 1878 (27 November 2001)

Carnell v Middleton & Anor [2001] EWCA Civ 1878 (27 November 2001)

There was no arguable basis for the Court of Appeal to reverse the trial judge's findings of fact on the contract or compromise issues, and no procedural irregularity or perversity was shown.

Citation
[2001] EWCA Civ 1878
Parties
Claimant/applicant: John Carnell; Defendant/respondent: Lynne Middleton; Defendant/respondent: Christopher Bowen
Jurisdiction
England and Wales
Judgment Date
27 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Contract Formation, Compromise of Claims, Appeal Procedure, Findings of Fact
Contract Law Civil Procedure Contract Formation Compromise of Claims Appeal Procedure Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

John Carnell

Claimant/applicant

Lynne Middleton

Defendant/respondent

Christopher Bowen

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the contract was between the claimant personally or a partnership and the defendants
  2. 2 Whether a compromise had been reached between the parties
  3. 3 Whether the findings of fact by the trial judge were perverse or against the weight of evidence

Ratio Decidendi

There was no arguable basis for the Court of Appeal to reverse the trial judge's findings of fact on the contract or compromise issues, and no procedural irregularity or perversity was shown.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Copy of the transcript of this judgment to be provided to the applicant at public expense