Gooden v Prior [2000] EWCA Civ 391 (1 December 2000)

Gooden v Prior [2000] EWCA Civ 391 (1 December 2000)

The application for leave to appeal was dismissed because the applicant failed to show any real prospect of success on appeal. The trial judge's findings of fact were supported by the evidence, and the additional evidence sought to be adduced was either available before trial or immaterial. Allegations of conspiracy and perjury were unsupported by evidence and did not justify setting aside the judgment.

Citation
[2000] EWCA Civ 391
Parties
Claimant/applicant: Peter Gooden; Defendant/respondent: Ian Prior
Jurisdiction
England and Wales
Judgment Date
01 December 2000
Procedural Posture
Civil Appeal / Application for Leave to Appeal
Outcome
Application dismissed
Legal Topics
Personal Injury, Use of Force, Appeals, Adducing Fresh Evidence
Civil Procedure Tort Personal Injury Use of Force Appeals Adducing Fresh Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Gooden

Claimant/applicant

Ian Prior

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding for the defendant on the facts
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether there was a conspiracy or perjury affecting the outcome

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to show any real prospect of success on appeal. The trial judge's findings of fact were supported by the evidence, and the additional evidence sought to be adduced was either available before trial or immaterial. Allegations of conspiracy and perjury were unsupported by evidence and did not justify setting aside the judgment.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused