Ali v Khan & Ors [2002] EWCA Civ 452 (26 March 2002)

Ali v Khan & Ors [2002] EWCA Civ 452 (26 March 2002)

There is sufficient doubt as to whether the judge correctly understood and applied the law on estoppel, illegality, and advancement, and whether all evidence was considered, justifying permission to appeal.

Citation
[2002] EWCA Civ 452
Parties
Claimant/respondent: Shazia Parveen Ali; Defendant/applicant: Naseem Khan; Defendant/applicant: Rehanna Ali; Defendant/applicant: Zulqfiquar Ali; Defendant/applicant: Gulzar Khan
Jurisdiction
England and Wales
Judgment Date
26 March 2002
Procedural Posture
Civil Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted
Legal Topics
Estoppel, Illegality, Advancement, Admission of Fresh Evidence
Civil Procedure Estoppel Illegality Advancement Admission of Fresh Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Shazia Parveen Ali

Claimant/respondent

Naseem Khan

Defendant/applicant

Rehanna Ali

Defendant/applicant

Zulqfiquar Ali

Defendant/applicant

Gulzar Khan

Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the judge correctly understood and applied the law on estoppel, illegality, and advancement
  2. 2 Whether the judge failed to deal with some of the evidence

Ratio Decidendi

There is sufficient doubt as to whether the judge correctly understood and applied the law on estoppel, illegality, and advancement, and whether all evidence was considered, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Application to rely on further evidence adjourned to the full court