Chancery Securities Plc v Collins [2001] EWCA Civ 1028 (22 June 2001)

Chancery Securities Plc v Collins [2001] EWCA Civ 1028 (22 June 2001)

The judge's findings on the evidence, including the credibility of expert witnesses and the conduct of the receiver, were not susceptible to challenge on appeal; no substance was found in the grounds of appeal, and no real risk of bias was established.

Citation
[2001] EWCA Civ 1028
Parties
Claimant/respondent: Chancery Securities PLC; Defendant/applicant: Michael Judah Collins
Jurisdiction
England and Wales
Judgment Date
22 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Possession Proceedings, Counterclaim Dismissal, Receiver's Duties, Expert Evidence, Judicial Bias, Appeal Grounds
Property Law Bankruptcy Law Civil Procedure Possession Proceedings Counterclaim Dismissal Receiver's Duties Expert Evidence Judicial Bias +1 more

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Parties

Chancery Securities PLC

Claimant/respondent

Michael Judah Collins

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in dismissing the counterclaim against Chancery Securities PLC and Mr Villiers
  2. 2 Whether the judge's findings were against the weight of evidence
  3. 3 Whether there was apparent bias due to the judge's prior connection with Mr Villiers

Ratio Decidendi

The judge's findings on the evidence, including the credibility of expert witnesses and the conduct of the receiver, were not susceptible to challenge on appeal; no substance was found in the grounds of appeal, and no real risk of bias was established.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused