Alison Kynaston-Mainwaring v GVE London Limited

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

  1. 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. 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