Batey v Burton [2002] EWCA Civ 957 (24 June 2002)

Batey v Burton [2002] EWCA Civ 957 (24 June 2002)

There is no real prospect of success on appeal as the trial judge's findings of fact were supported by the evidence, and the adverse costs order was not caused by the alleged negligence of the solicitors.

Citation
[2002] EWCA Civ 957
Parties
Claimant/applicant: Barry Batey; Defendant/respondent: Watson Burton
Jurisdiction
England and Wales
Judgment Date
24 June 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Solicitor Negligence, Costs Orders, Appeal Permission, Findings of Fact
Professional Negligence Civil Procedure Solicitor Negligence Costs Orders Appeal Permission Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

Barry Batey

Claimant/applicant

Watson Burton

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the respondent solicitors were negligent in their handling of evidence leading to an adverse costs order against the applicant
  2. 2 Whether the trial judge erred in findings of fact regarding communication of evidence to counsel
  3. 3 Whether the adverse costs order was caused by the alleged negligence

Ratio Decidendi

There is no real prospect of success on appeal as the trial judge's findings of fact were supported by the evidence, and the adverse costs order was not caused by the alleged negligence of the solicitors.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused