Sahota v Sohi & Ors [2002] EWCA Civ 1239 (30 July 2002)

Sahota v Sohi & Ors [2002] EWCA Civ 1239 (30 July 2002)

The defendants failed to discharge the burden of proof to establish misrepresentation; the judge's findings on credibility and negotiation are determinative; there is no real prospect of success on appeal.

Citation
[2002] EWCA Civ 1239
Parties
Claimant/respondent: Santokh Singh Sahota; Defendant/applicant: Parshotam Singh Sohi; Defendant/applicant: Bhagwant Singh Sohi; Defendant/applicant: Sumittar Singh Sohi
Jurisdiction
England and Wales
Judgment Date
30 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Partnership Dissolution, Misrepresentation, Rescission of Contract, Account of Partnership Dealings
Partnership Law Contract Law Partnership Dissolution Misrepresentation Rescission of Contract Account of Partnership Dealings

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Parties

Santokh Singh Sahota

Claimant/respondent

Parshotam Singh Sohi

Defendant/applicant

Bhagwant Singh Sohi

Defendant/applicant

Sumittar Singh Sohi

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the deed of retirement from partnership was signed pursuant to a misrepresentation entitling rescission
  2. 2 Whether the defendants owed £300,000 under the deed
  3. 3 Ambiguity in the order for account

Ratio Decidendi

The defendants failed to discharge the burden of proof to establish misrepresentation; the judge's findings on credibility and negotiation are determinative; there is no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused