Alison Kynaston-Mainwaring v GVE London Limited
The trial judge's finding that the drainage channel was cleared during the May 2019 service was rationally supportable based on the combination of documentary and expert evidence. The appellant failed to demonstrate that the judge was plainly wrong, and the finding that the car was not of satisfactory quality under section 9 of the Consumer Rights Act 2015 stands.
- Parties
- Respondent/claimant: Alison Kynaston-Mainwaring; Appellant/defendant: GVE London Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 19 October 2022
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Satisfactory Quality of Goods, Consumer Rights Act 2015, Appeals on Findings of Fact
Case Brief
Summary, issues, holding and outcome
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Parties
Alison Kynaston-Mainwaring
Respondent/claimant
GVE London Limited
Appellant/defendant
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the trial judge erred in finding the car was not of satisfactory quality under section 9 of the Consumer Rights Act 2015
- 2 Whether the trial judge's factual finding regarding the May 2019 service was plainly wrong
Ratio Decidendi
The trial judge's finding that the drainage channel was cleared during the May 2019 service was rationally supportable based on the combination of documentary and expert evidence. The appellant failed to demonstrate that the judge was plainly wrong, and the finding that the car was not of satisfactory quality under section 9 of the Consumer Rights Act 2015 stands.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; High Court judgment stands
Full Case Text
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