Alliotts (A Firm) v Reynard [2002] EWCA Civ 241 (5 February 2002)

Alliotts (A Firm) v Reynard [2002] EWCA Civ 241 (5 February 2002)

The trial judge's findings of fact regarding the absence of breach of duty or negligence by Alliotts or Mr Damyon, and the limited scope of their duty, were unassailable. The hearing was fair and Article 6 ECHR was not infringed. No real prospect of success on appeal.

Citation
[2002] EWCA Civ 241
Parties
Claimant/respondent: Alliotts (A Firm); Defendant/appellant: Christopher Paul Reynard
Jurisdiction
England and Wales
Judgment Date
05 February 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Personal Guarantee, Accountant's Duty of Care, Directors Disqualification, Article 6 ECHR (fair Trial), Case Management
Contract Law Professional Negligence Civil Procedure Personal Guarantee Accountant's Duty of Care Directors Disqualification Article 6 ECHR (fair Trial) Case Management

Case Brief

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Parties

Alliotts (A Firm)

Claimant/respondent

Christopher Paul Reynard

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding no breach of duty or negligence by Alliotts or Mr Damyon
  2. 2 Whether Mr Damyon owed a wider duty to advise Mr Reynard regarding Howglen's financial position
  3. 3 Whether the trial judge failed to afford Mr Reynard a fair hearing under Article 6 ECHR

Ratio Decidendi

The trial judge's findings of fact regarding the absence of breach of duty or negligence by Alliotts or Mr Damyon, and the limited scope of their duty, were unassailable. The hearing was fair and Article 6 ECHR was not infringed. No real prospect of success on appeal.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application dismissed
  • No order for costs