Aslam v Tahmasaby [2001] EWCA Civ 1961 (13 December 2001)

Aslam v Tahmasaby [2001] EWCA Civ 1961 (13 December 2001)

The Court of Appeal has no jurisdiction to entertain an appeal from a refusal of permission to appeal under section 54(4) of the Access to Justice Act 1999. The applicant failed to demonstrate any appealable point or unfairness in the hearing, and the judge exercised his discretion properly.

Citation
[2001] EWCA Civ 1961
Parties
Claimant/applicant: Zul Puarnian Aslam; Defendant/respondent: Mohshen Tahmasaby
Jurisdiction
England and Wales
Judgment Date
13 December 2001
Procedural Posture
Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application dismissed
Legal Topics
Mitigation of Loss, Damages, Jurisdiction, Fair Hearing
Contract Law Civil Procedure Mitigation of Loss Damages Jurisdiction Fair Hearing

Case Brief

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Parties

Zul Puarnian Aslam

Claimant/applicant

Mohshen Tahmasaby

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in applying the principles of mitigation of loss
  2. 2 Whether the applicant was afforded a fair hearing
  3. 3 Whether the Court of Appeal has jurisdiction to entertain an appeal from refusal of permission to appeal

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal from a refusal of permission to appeal under section 54(4) of the Access to Justice Act 1999. The applicant failed to demonstrate any appealable point or unfairness in the hearing, and the judge exercised his discretion properly.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed