Norden v Yeldon & Anor [2001] EWCA Civ 93 (23 January 2001)

Norden v Yeldon & Anor [2001] EWCA Civ 93 (23 January 2001)

The applicant failed to provide any evidence to substantiate the quantification of his alleged loss, a necessary element of his claim. Without such evidence, there was no reasonable prospect of success on appeal against the summary judgment in favour of the defendants.

Citation
[2001] EWCA Civ 93
Parties
Claimant/applicant: Gerald Alan Martin Norden; Defendant/respondent: Peter James Yeldon; Defendant/respondent: Peter George Mills
Jurisdiction
England and Wales
Judgment Date
23 January 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Decision
Outcome
Application for permission to appeal dismissed
Legal Topics
Summary Judgment, Receivership Duties, Breach of Duty, Fraud, Quantification of Damages, Bias, Right to Fair Trial
Civil Procedure Insolvency Law Summary Judgment Receivership Duties Breach of Duty Fraud Quantification of Damages Bias +1 more

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Parties

Gerald Alan Martin Norden

Claimant/applicant

Peter James Yeldon

Defendant/respondent

Peter George Mills

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Decision

Legal Issues

  1. 1 Whether the applicant provided sufficient evidence to substantiate the quantification of his claim for losses allegedly caused by the receivers' breach of duty or fraud
  2. 2 Whether the trial judge was biased or the proceedings were unfair under Article 6 ECHR
  3. 3 Whether the applicant should have been permitted to amend his claim to include punitive damages

Ratio Decidendi

The applicant failed to provide any evidence to substantiate the quantification of his alleged loss, a necessary element of his claim. Without such evidence, there was no reasonable prospect of success on appeal against the summary judgment in favour of the defendants.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused