Ali v Butt (t/a Nationwide Financial Services) [2002] EWCA Civ 394 (13 March 2002)

Ali v Butt (t/a Nationwide Financial Services) [2002] EWCA Civ 394 (13 March 2002)

The defendant was not debarred from defending as he complied with the order to file the listing questionnaire. The trial judge was entitled to accept the defendant's evidence and reject the claimant's allegations of negligence, breach of contract, and fraud. There was no real prospect of success on appeal.

Citation
[2002] EWCA Civ 394
Parties
Claimant/applicant: Mohammed Waris Ali; Defendant/respondent: Ejaz H Butt t/a Nationwide Financial Services
Jurisdiction
England and Wales
Judgment Date
13 March 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Negligence, Breach of Contract, Fraud, Mortgage Disputes, Procedural Compliance
Civil Procedure Contract Law Tort Law Negligence Breach of Contract Fraud Mortgage Disputes Procedural Compliance

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Parties

Mohammed Waris Ali

Claimant/applicant

Ejaz H Butt t/a Nationwide Financial Services

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant was debarred from defending for procedural non-compliance
  2. 2 Whether the defendant was liable for negligence, breach of contract, or fraud in arranging the mortgage
  3. 3 Whether the trial judge erred in law or procedure

Ratio Decidendi

The defendant was not debarred from defending as he complied with the order to file the listing questionnaire. The trial judge was entitled to accept the defendant's evidence and reject the claimant's allegations of negligence, breach of contract, and fraud. There was no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused