Banks & Anor v Cox & Anor [2001] EWCA Civ 492 (3 April 2001)

Banks & Anor v Cox & Anor [2001] EWCA Civ 492 (3 April 2001)

Permission to appeal is adjourned to a full court on the limited grounds of new evidence relating to the marketing of the business and the meeting minutes, and the legal significance of the local authority letter, as these may have a real prospect of success. Permission is refused on all other grounds as they lack sufficient viability.

Citation
[2001] EWCA Civ 492
Parties
Claimant/respondent: Grant Russell Banks; Claimant/respondent: Janine Elaine Banks; Defendant/applicant: John Cox; Defendant/applicant: Sonia Shane Cox
Jurisdiction
England and Wales
Judgment Date
03 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Chancery Division Judgment
Outcome
Permission to appeal adjourned to a full court on limited grounds; refused on all other grounds.
Legal Topics
Fraudulent Misrepresentation, Remedies, Fresh Evidence on Appeal, Freezing Injunctions
Contract Law Tort Law Fraudulent Misrepresentation Remedies Fresh Evidence on Appeal Freezing Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Grant Russell Banks

Claimant/respondent

Janine Elaine Banks

Claimant/respondent

John Cox

Defendant/applicant

Sonia Shane Cox

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Chancery Division Judgment

Legal Issues

  1. 1 Whether permission to appeal should be granted on grounds of fresh evidence and alleged errors in the retrial judgment
  2. 2 Whether the non-disclosure of a local authority letter constituted a material misrepresentation
  3. 3 Whether new evidence regarding the marketing of the business and meeting minutes should be admitted

Ratio Decidendi

Permission to appeal is adjourned to a full court on the limited grounds of new evidence relating to the marketing of the business and the meeting minutes, and the legal significance of the local authority letter, as these may have a real prospect of success. Permission is refused on all other grounds as they lack sufficient viability.

Court Disposition

Permission to appeal adjourned to a full court on limited grounds; refused on all other grounds.

Orders

  • Application for permission to appeal adjourned to a full court on issues in section 1(a), 1(b), and 3(a) of the skeleton argument.
  • Permission to appeal refused on all other grounds.