Chakravarti v Rapat Freight Ltd [2001] EWCA Civ 394 (9 March 2001)

Chakravarti v Rapat Freight Ltd [2001] EWCA Civ 394 (9 March 2001)

The trial judge was entitled to prefer the oral evidence of the respondent's witnesses over the documentary evidence and to find that no contract of employment existed between the applicant and the defendant company, and that the payment of £6,500 was a loan repayable by the applicant. There was no real prospect...

Source-derived case information.

Citation
[2001] EWCA Civ 394
Parties
Claimant/applicant: Vishwanath Chakravarti; Defendant/respondent: Rapat Freight Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Existence of Employment Contract, Interpretation of Employment Agreements, Counterclaim for Repayment of Loan, Appellate Review of Factual Findings
Contract Law Employment Law Existence of Employment Contract Interpretation of Employment Agreements Counterclaim for Repayment of Loan Appellate Review of Factual Findings

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Parties

Vishwanath Chakravarti

Claimant/applicant

Rapat Freight Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether there was a contract of employment between the applicant and the defendant company
  2. 2 Whether the payment of £6,500 was salary or a loan repayable by the applicant

Ratio Decidendi

The trial judge was entitled to prefer the oral evidence of the respondent's witnesses over the documentary evidence and to find that no contract of employment existed between the applicant and the defendant company, and that the payment of £6,500 was a loan repayable by the applicant. There was no real prospect that an appellate court would interfere with these findings of fact.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • No order for instalment payments