Assi v Leeds Metropolitan University [2001] EWCA Civ 1652 (26 October 2001)

Assi v Leeds Metropolitan University [2001] EWCA Civ 1652 (26 October 2001)

Permission to appeal was refused because there was no important point of principle or compelling reason; the documents sought were not relevant, could have been obtained earlier, and only the Court of Appeal could have ordered disclosure at the appeal stage.

Citation
[2001] EWCA Civ 1652
Parties
Claimant/applicant: Homan Affif Assi; Defendant/respondent: Leeds Metropolitan University
Jurisdiction
England and Wales
Judgment Date
26 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal refused
Legal Topics
Disclosure, Appeals, Compromise Agreements, Costs
Civil Procedure Disclosure Appeals Compromise Agreements Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Homan Affif Assi

Claimant/applicant

Leeds Metropolitan University

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether permission to appeal should be granted on the refusal of disclosure application
  2. 2 Whether the requested disclosure was relevant and necessary to the proceedings
  3. 3 Whether the Court of Appeal had jurisdiction to order disclosure at this stage

Ratio Decidendi

Permission to appeal was refused because there was no important point of principle or compelling reason; the documents sought were not relevant, could have been obtained earlier, and only the Court of Appeal could have ordered disclosure at the appeal stage.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused
  • Costs orders to stand as previously ordered