Daly & Anor v Sheikh

Daly & Anor v Sheikh

The appeal is dismissed because the new evidence could have been obtained with reasonable diligence for the retrial and would not have affected the outcome. The finding that Mr Sheikh forged the signature and date on the contract form stands. The contract was novated to Mr Sheikh personally, and he is liable. The freezing order remains in place.

Parties
Claimant/respondent: Howard Daly; Claimant/respondent: Marilyn Daly; Defendant/appellant: Nomaan Sheikh
Jurisdiction
England and Wales
Judgment Date
13 February 2004
Procedural Posture
Civil Appeal / Appeal From Retrial Judgment on Preliminary Issue
Outcome
Appeal dismissed; application to admit new evidence refused.
Legal Topics
Novation, Forgery, Admission of New Evidence, Freezing Orders, Burden of Proof
Contract Law Civil Procedure Novation Forgery Admission of New Evidence Freezing Orders Burden of Proof

Case Brief

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Parties

Howard Daly

Claimant/respondent

Marilyn Daly

Claimant/respondent

Nomaan Sheikh

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Retrial Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the contract between the Dalys and Middlesex Design and Build Limited was novated to Nomaan Sheikh personally
  2. 2 Whether the signature and date on the contract form were forged
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The appeal is dismissed because the new evidence could have been obtained with reasonable diligence for the retrial and would not have affected the outcome. The finding that Mr Sheikh forged the signature and date on the contract form stands. The contract was novated to Mr Sheikh personally, and he is liable. The freezing order remains in place.

Court Disposition

Appeal dismissed; application to admit new evidence refused.

Orders

  • Application for the admission of new evidence on the appeal refused.
  • The appeal dismissed.