Awberry v Marley Building Materials Ltd. [2005] EWCA Civ 16 (12 January 2005)

Awberry v Marley Building Materials Ltd. [2005] EWCA Civ 16 (12 January 2005)

The circuit judge was entitled to find that the district judge's failure to give proper weight to the injustice of requiring the defendant to pay a sum substantially above its intended valuation, due to a simple mistake, rendered her decision 'wrong' within the meaning of CPR 52.11(3), justifying the grant of permission to reduce the Part 36 payment.

Citation
[2005] EWCA Civ 16
Parties
Appellant/claimant: Anthony George Awberry; Respondent/defendant: Marley Building Materials Ltd
Jurisdiction
England and Wales
Judgment Date
12 January 2005
Procedural Posture
Civil Appeal / Second Appeal to Court of Appeal From Circuit Judge's Review of District Judge's Decision
Outcome
appeal dismissed
Legal Topics
Part 36 Payments, Mistake in Payment Into Court, Review of Discretion, Appeals Procedure, Quantum of Damages
Civil Procedure Personal Injury Part 36 Payments Mistake in Payment Into Court Review of Discretion Appeals Procedure Quantum of Damages

Case Brief

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Parties

Anthony George Awberry

Appellant/claimant

Marley Building Materials Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Second Appeal to Court of Appeal From Circuit Judge's Review of District Judge's Decision

Legal Issues

  1. 1 Whether the circuit judge was entitled to overturn the district judge's refusal to allow reduction of a Part 36 payment into court on the basis of mistake
  2. 2 Whether the district judge failed to give sufficient weight to the injustice to the defendant of being held to a mistaken overpayment

Ratio Decidendi

The circuit judge was entitled to find that the district judge's failure to give proper weight to the injustice of requiring the defendant to pay a sum substantially above its intended valuation, due to a simple mistake, rendered her decision 'wrong' within the meaning of CPR 52.11(3), justifying the grant of permission to reduce the Part 36 payment.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.