British School Of Motoring v Hooper [2001] EWCA Civ 1421 (31 July 2001)
The judge was entitled to find that BSM's breaches were not repudiatory and that Mr Hooper was not entitled to damages beyond the contractual notice period. The findings of fact could not be disturbed on appeal, and the appeal had no prospect of success.
- Citation
- [2001] EWCA Civ 1421
- Parties
- Part 20 Defendant/respondent: The British School of Motoring Ltd; Part 20 Claimant/applicant: Donald Christopher Hooper
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2001
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal and Extension of Time
- Outcome
- Application for permission to appeal dismissed
- Legal Topics
- Repudiatory Breach, Franchise Agreement, Damages, Appeal Procedure, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
The British School of Motoring Ltd
Part 20 Defendant/respondent
Donald Christopher Hooper
Part 20 Claimant/applicant
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Legal Issues
- 1 Whether BSM was in repudiatory breach of the franchise agreement
- 2 Whether Mr Hooper was entitled to damages for lost income
- 3 Whether the judge erred in refusing an adjournment or in the conduct of the trial
Ratio Decidendi
The judge was entitled to find that BSM's breaches were not repudiatory and that Mr Hooper was not entitled to damages beyond the contractual notice period. The findings of fact could not be disturbed on appeal, and the appeal had no prospect of success.
Court Disposition
Application for permission to appeal dismissed
Orders
- Application for permission to appeal dismissed
Full Case Text
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