Esso Petroleum Company Ltd v Miller & Ors [2001] EWCA Civ 1484 (8 October 2001)

Esso Petroleum Company Ltd v Miller & Ors [2001] EWCA Civ 1484 (8 October 2001)

There is a realistic prospect that the Court of Appeal could find jurisdiction to set aside the consent judgment if it was not based on a binding contract, and that discretion could be exercised in Mrs Miller's favour given the uncontradicted evidence and supporting documents.

Citation
[2001] EWCA Civ 1484
Parties
Claimant/respondent: Esso Petroleum Company Limited; First Defendant: Eric Miller; Second Defendant: Keith Miller; Third Defendant/applicant: Cecilia Miller
Jurisdiction
England and Wales
Judgment Date
08 October 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal With Application to Admit New Evidence
Outcome
Permission to appeal granted
Legal Topics
Setting Aside Consent Judgments, Agency, Nominee Arrangements, Jurisdiction to Set Aside Judgments, Discretion in Setting Aside Judgments
Civil Procedure Contract Law Setting Aside Consent Judgments Agency Nominee Arrangements Jurisdiction to Set Aside Judgments Discretion in Setting Aside Judgments

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Parties

Esso Petroleum Company Limited

Claimant/respondent

Eric Miller

First Defendant

Keith Miller

Second Defendant

Cecilia Miller

Third Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal With Application to Admit New Evidence

Legal Issues

  1. 1 Whether the court has jurisdiction to set aside a consent judgment allegedly entered into on a mistaken or misrepresented basis
  2. 2 Whether discretion should be exercised to set aside the consent judgment in light of new evidence and delay

Ratio Decidendi

There is a realistic prospect that the Court of Appeal could find jurisdiction to set aside the consent judgment if it was not based on a binding contract, and that discretion could be exercised in Mrs Miller's favour given the uncontradicted evidence and supporting documents.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted
  • Notice of appeal to be served within 7 days