Dales Holiday Cottages Ltd v Ludlam [2001] EWCA Civ 1112 (4 July 2001)

Dales Holiday Cottages Ltd v Ludlam [2001] EWCA Civ 1112 (4 July 2001)

Mr Ludlam made himself personally liable on the contract by signing on behalf of 'Country Byways', which was not a separate legal entity, and did not disclose any principal; therefore, he had no real prospect of successfully defending the claim.

Citation
[2001] EWCA Civ 1112
Parties
Claimant/respondent: Dales Holiday Cottages Ltd; Defendant/applicant: John Michael Ludlam
Jurisdiction
England and Wales
Judgment Date
04 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal (second Tier), Following Refusal of Permission to Appeal Out of Time From Summary Judgment in County Court
Outcome
Application for permission to appeal dismissed
Legal Topics
Personal Liability of Agents, Summary Judgment, Appeal Out of Time, Agency and Undisclosed Principal
Contract Law Civil Procedure Personal Liability of Agents Summary Judgment Appeal Out of Time Agency and Undisclosed Principal

Case Brief

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Parties

Dales Holiday Cottages Ltd

Claimant/respondent

John Michael Ludlam

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal (second Tier), Following Refusal of Permission to Appeal Out of Time From Summary Judgment in County Court

Legal Issues

  1. 1 Whether Mr Ludlam was personally liable for the contract with the claimants
  2. 2 Whether the undertaking by Mr Ludlam's solicitors amounted to an admission of liability
  3. 3 Whether there was any real prospect of success in the proposed appeal

Ratio Decidendi

Mr Ludlam made himself personally liable on the contract by signing on behalf of 'Country Byways', which was not a separate legal entity, and did not disclose any principal; therefore, he had no real prospect of successfully defending the claim.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • Application dismissed