P & O Ferrymasters Ltd v Radicon Ltd [2001] EWCA Civ 1671 (29 October 2001)

P & O Ferrymasters Ltd v Radicon Ltd [2001] EWCA Civ 1671 (29 October 2001)

The application for permission to appeal fails because the points raised (mitigation and the Nipress debt) were not before the trial judge, rely on new evidence that should have been presented at trial, and do not provide a real prospect of success or any compelling reason for appeal.

Citation
[2001] EWCA Civ 1671
Parties
Claimant/respondent: P & O Ferrymasters Ltd; Defendant/appellant: Radicon Ltd
Jurisdiction
England and Wales
Judgment Date
29 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Factoring Agreements, Debenture Enforcement, Mitigation of Loss, Admission of New Evidence
Commercial Law Debt Recovery Factoring Agreements Debenture Enforcement Mitigation of Loss Admission of New Evidence

Case Brief

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Parties

P & O Ferrymasters Ltd

Claimant/respondent

Radicon Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether new evidence regarding mitigation and the Nipress debt should be admitted on appeal
  2. 2 Whether the judge erred in awarding the sum in court to Assetline/Fairfax under the client agreement and debenture

Ratio Decidendi

The application for permission to appeal fails because the points raised (mitigation and the Nipress debt) were not before the trial judge, rely on new evidence that should have been presented at trial, and do not provide a real prospect of success or any compelling reason for appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • No order for costs