Younger v Lansdowne Tutors Ltd [2007] EWCA Civ 230 (28 February 2007)

Younger v Lansdowne Tutors Ltd [2007] EWCA Civ 230 (28 February 2007)

There is no realistic prospect of success on appeal because, even if the Finder's Fee Agreement issue were reopened, the separate and alternative finding that there was no recoverable loss stands and cannot be re-litigated.

Citation
[2007] EWCA Civ 230
Parties
Claimant / Appellant: Younger; Defendant / Respondent: Lansdowne Tutors Ltd
Jurisdiction
England and Wales
Judgment Date
28 February 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Finder's Fee Agreement, Permission to Appeal, Fresh Evidence, Damages Assessment
Contract Law Civil Procedure Finder's Fee Agreement Permission to Appeal Fresh Evidence Damages Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Younger

Claimant / Appellant

Lansdowne Tutors Ltd

Defendant / Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Finder's Fee Agreement was executed in final form
  2. 2 Whether Lansdowne Tutors Ltd was entitled to refuse payment under the agreement
  3. 3 Whether any recoverable loss was suffered by the claimant

Ratio Decidendi

There is no realistic prospect of success on appeal because, even if the Finder's Fee Agreement issue were reopened, the separate and alternative finding that there was no recoverable loss stands and cannot be re-litigated.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused