Balal v R S Woolhouse [2002] EWCA Civ 1593 (24 October 2002)

Balal v R S Woolhouse [2002] EWCA Civ 1593 (24 October 2002)

The trial judge's findings, based on evidence and witness credibility, were not plainly wrong; the repairs were carried out to an acceptable standard and within a reasonable time; there was no conversion of the van by the defendant.

Citation
[2002] EWCA Civ 1593
Parties
Applicant/claimant: Kamal Balal; Respondent/defendant: R S Woolhouse
Jurisdiction
England and Wales
Judgment Date
24 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Repair Contracts, Conversion, Standard of Workmanship, Delay in Performance
Contract Law Tort Law Repair Contracts Conversion Standard of Workmanship Delay in Performance

Case Brief

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Parties

Kamal Balal

Applicant/claimant

R S Woolhouse

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether repairs to the applicant's van were carried out to a reasonable standard and within a reasonable time
  2. 2 Whether the defendant converted the applicant's van to his own use
  3. 3 Whether the defendant was at fault for the supply of the wrong engine

Ratio Decidendi

The trial judge's findings, based on evidence and witness credibility, were not plainly wrong; the repairs were carried out to an acceptable standard and within a reasonable time; there was no conversion of the van by the defendant.

Court Disposition

Permission to appeal refused