Balogun v Hassan [2001] EWCA Civ 1343 (9 July 2001)

Balogun v Hassan [2001] EWCA Civ 1343 (9 July 2001)

The claimant failed to provide sufficient evidence to establish a real prospect of success in her claim for conversion, and the case did not raise any important point of principle or practice to justify a second appeal. Both lower courts correctly applied the summary judgment test and found the claim lacked substance and reality.

Citation
[2001] EWCA Civ 1343
Parties
Claimant/applicant: Anita Balogun; Defendant/respondent: Ekram Hassan
Jurisdiction
England and Wales
Judgment Date
09 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal (second Appeal)
Outcome
Application for permission to appeal dismissed
Legal Topics
Summary Judgment, Conversion, Possessory Title, Appeals, Access to Justice Act 1999 Section 55
Civil Procedure Landlord and Tenant Tort Summary Judgment Conversion Possessory Title Appeals Access to Justice Act 1999 Section 55

Case Brief

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Parties

Anita Balogun

Claimant/applicant

Ekram Hassan

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal (second Appeal)

Legal Issues

  1. 1 Whether the claimant had a real prospect of success in a claim for conversion against the landlord for alleged wrongful removal of goods from shop premises
  2. 2 Whether absence of documentary evidence of ownership or tenancy is fatal to a conversion claim
  3. 3 Whether the case raised an important point of principle or practice justifying a second appeal under section 55 of the Access to Justice Act 1999

Ratio Decidendi

The claimant failed to provide sufficient evidence to establish a real prospect of success in her claim for conversion, and the case did not raise any important point of principle or practice to justify a second appeal. Both lower courts correctly applied the summary judgment test and found the claim lacked substance and reality.

Court Disposition

Application for permission to appeal dismissed

Orders

  • No order as to costs of today's hearing
  • Public funded costs assessment where appropriate