Samara v MBI Partners UK Ltd

Samara v MBI Partners UK Ltd

The allegation of dishonesty against Mr Samara was substantially rejected. The evidence did not establish that he dishonestly identified MBI & Partners UK Limited as the liable party. Therefore, there was no arguable case of fraud to justify granting permission to appeal.

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 his employer under the contract

Ratio Decidendi

The allegation of dishonesty against Mr Samara was substantially rejected. The evidence did not establish that he dishonestly identified MBI & Partners UK Limited as the liable party. Therefore, there was no arguable case of fraud to justify granting permission to appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused