Ogutogullari & Ors v Zaman & Anor [2013] EWCA Civ 1445 (15 October 2013)

Ogutogullari & Ors v Zaman & Anor [2013] EWCA Civ 1445 (15 October 2013)

The fresh evidence sought to be admitted would not have had an important influence on the outcome, given the trial judge's findings that accurate accounts were disclosed and the alleged misrepresentation was highly improbable; therefore, the appeal fails and no retrial is warranted.

Citation
[2013] EWCA Civ 1445
Parties
Claimant/appellant: Dursun Ogutogullari; Claimant/appellant: Cetin Erbil; Claimant/appellant: Essex Road Supermarket Limited; Defendant/respondent: Muhammad Sher Zaman; Defendant/respondent: Imran Zaman
Jurisdiction
England and Wales
Judgment Date
15 October 2013
Procedural Posture
Civil Appeal / Appeal From Central London Civil Justice Centre, Post Trial
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Admissibility of Fresh Evidence, Appeal Procedure
Contract Law Tort Law Misrepresentation Admissibility of Fresh Evidence Appeal Procedure

Case Brief

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Parties

Dursun Ogutogullari

Claimant/appellant

Cetin Erbil

Claimant/appellant

Essex Road Supermarket Limited

Claimant/appellant

Muhammad Sher Zaman

Defendant/respondent

Imran Zaman

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London Civil Justice Centre, Post Trial

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether alleged misrepresentation regarding business turnover occurred

Ratio Decidendi

The fresh evidence sought to be admitted would not have had an important influence on the outcome, given the trial judge's findings that accurate accounts were disclosed and the alleged misrepresentation was highly improbable; therefore, the appeal fails and no retrial is warranted.

Court Disposition

Appeal dismissed

Orders

  • No retrial ordered
  • Application to adduce fresh evidence refused