Sharn Panesar Ltd v Pistachios In The Park Ltd & Anor [2020] EWHC 194 (QB) (07 February 2020)

The trial was unjust due to a serious procedural irregularity: the judge made binding findings of fact on issues outside the scope of the preliminary issues without a proper hearing, undermining confidence in the fairness of the process and requiring the order to be quashed and the matter remitted for retrial before a different judge.

Citation: [2020] EWHC 194 (QB)
Parties: Appellant/claimant: Sharn Panesar Limited; Appellant/claimant: Sharn Panesar; Respondent/defendant: Pistachios in the Park Limited; Respondent/defendant: Aysin Djemil
Jurisdiction: England and Wales
Judgment Date: 07 February 2020
Procedural Posture: Civil Appeal / Appeal From County Court Preliminary Issues Trial
Outcome: Appeal allowed
Legal Topics: Preliminary Issues, Procedural Fairness, Misrepresentation, Agency, Case Management, Appeal Procedure

Civil Procedure Contract Law Franchise Law Preliminary Issues Procedural Fairness Misrepresentation Agency Case Management +1 more

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Parties

Sharn Panesar Limited

Appellant/claimant

Sharn Panesar

Appellant/claimant

Pistachios in the Park Limited

Respondent/defendant

Aysin Djemil

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Preliminary Issues Trial

Legal Issues

1 Whether the trial judge erred by making findings of fact beyond the scope of the preliminary issues
2 Whether such findings caused procedural unfairness justifying quashing the order and a retrial

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order of HHJ Saggerson quashed
Case remitted for retrial of all issues before a different judge in the County Court