Barrie v J Barrie (Plant Hire) Ltd [2001] EWCA Civ 614 (14 February, 2001)

Barrie v J Barrie (Plant Hire) Ltd [2001] EWCA Civ 614 (14 February, 2001)

Summary judgment was inappropriate due to unresolved factual disputes regarding the existence and satisfaction of the debt, and the contradiction between the handwritten note and the main contract. The presence of fresh evidence and the need for cross-examination compelled the court to order a trial.

Citation
[2001] EWCA Civ 614
Parties
Claimant/respondent: James Barrie; Defendant/appellant: J Barrie (Plant Hire) Limited
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Refusal to Set Aside/vary Order
Outcome
Appeal allowed in part, summary judgment set aside, case remitted for trial; appeal against refusal to vary order dismissed.
Legal Topics
Summary Judgment, Collateral Contract, Fraud Allegation, Appeal Procedure
Contract Law Civil Procedure Summary Judgment Collateral Contract Fraud Allegation Appeal Procedure

Case Brief

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Parties

James Barrie

Claimant/respondent

J Barrie (Plant Hire) Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Refusal to Set Aside/vary Order

Legal Issues

  1. 1 Whether summary judgment was appropriate given disputed facts
  2. 2 Whether handwritten note constituted a binding collateral contract
  3. 3 Whether fresh evidence justified a trial

Ratio Decidendi

Summary judgment was inappropriate due to unresolved factual disputes regarding the existence and satisfaction of the debt, and the contradiction between the handwritten note and the main contract. The presence of fresh evidence and the need for cross-examination compelled the court to order a trial.

Court Disposition

Appeal allowed in part, summary judgment set aside, case remitted for trial; appeal against refusal to vary order dismissed.

Orders

  • Permission to appeal the order of 5th May granted.
  • Order of 27th March 2000 set aside.