Singh v Singh [2002] EWCA Civ 992 (28 June 2002)

Singh v Singh [2002] EWCA Civ 992 (28 June 2002)

The appeal was dismissed because the defendant had not raised the arguments about the injustice of restitution at trial, and it would be wrong and unjust to allow them to be raised for the first time on appeal. The trial judge's findings of fact were in the claimant's favour, and there was no basis to overturn the order for repayment.

Citation
[2002] EWCA Civ 992
Parties
Appellant/claimant: Chinda Singh; Respondent/defendant: Santokh Singh
Jurisdiction
England and Wales
Judgment Date
28 June 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Failure of Consideration, Restitution of Monies Paid, Goodwill and Business Sale, Civil Procedure—raising New Arguments on Appeal
Contract Law Restitution Failure of Consideration Restitution of Monies Paid Goodwill and Business Sale Civil Procedure—raising New Arguments on Appeal

Case Brief

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Parties

Chinda Singh

Appellant/claimant

Santokh Singh

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the defendant should be ordered to repay monies received from the claimant for a business transaction where consideration failed
  2. 2 Whether it was unjust for the defendant to retain the monies given the circumstances
  3. 3 Whether new arguments not raised at trial can be advanced on appeal

Ratio Decidendi

The appeal was dismissed because the defendant had not raised the arguments about the injustice of restitution at trial, and it would be wrong and unjust to allow them to be raised for the first time on appeal. The trial judge's findings of fact were in the claimant's favour, and there was no basis to overturn the order for repayment.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs in the sum of £7,200