Samara v MBI Partners UK Ltd [2015] EWCA Civ 1191 (28 October 2015)

Samara v MBI Partners UK Ltd [2015] EWCA Civ 1191 (28 October 2015)

The application for permission to appeal was refused because there was no arguable case that the claimant acted dishonestly in identifying the defendant, and the trial judge's findings were inconsistent with dishonesty.

Citation
[2015] EWCA Civ 1191
Parties
Claimant/respondent: Samir Samara; Defendant/applicant: MBI Partners UK Limited
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Default Judgment, Setting Aside Judgment, Fraudulent Misrepresentation, Contractual Identity
Civil Procedure Contract Law Fraud Default Judgment Setting Aside Judgment Fraudulent Misrepresentation Contractual Identity

Case Brief

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Parties

Samir Samara

Claimant/respondent

MBI Partners UK Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the default judgment was obtained by fraud
  2. 2 Whether the claimant dishonestly identified the defendant as the liable party

Ratio Decidendi

The application for permission to appeal was refused because there was no arguable case that the claimant acted dishonestly in identifying the defendant, and the trial judge's findings were inconsistent with dishonesty.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused