Aylwen v Taylor Joynson Garrett (A Firm) [2001] EWCA Civ 313 (21 February 2001)

Aylwen v Taylor Joynson Garrett (A Firm) [2001] EWCA Civ 313 (21 February 2001)

Permission to appeal is granted because the case involves fact-sensitive issues regarding causation of loss in professional negligence, the lower courts reached different conclusions, and the claimant may have a reasonable prospect of success if fresh evidence is admitted. The application to adduce fresh evidence is adjourned to the full court.

Citation
[2001] EWCA Civ 313
Parties
Applicant/claimant: Bennie Chavez Aylwen; Respondents/defendants: Taylor Joynson Garrett (A Firm)
Jurisdiction
England and Wales
Judgment Date
21 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted
Legal Topics
Summary Judgment, Solicitor's Duty of Care, Causation of Loss, Admissibility of Fresh Evidence, Damages, Second Appeals
Professional Negligence Civil Procedure Summary Judgment Solicitor's Duty of Care Causation of Loss Admissibility of Fresh Evidence Damages Second Appeals

Case Brief

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Parties

Bennie Chavez Aylwen

Applicant/claimant

Taylor Joynson Garrett (A Firm)

Respondents/defendants

Procedural Posture

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

Legal Issues

  1. 1 Whether the alleged negligence of the defendant solicitors caused the losses claimed by the claimant
  2. 2 Whether the claimant should be permitted to adduce fresh evidence on appeal
  3. 3 Whether the case raises an important point of principle or practice justifying a second appeal

Ratio Decidendi

Permission to appeal is granted because the case involves fact-sensitive issues regarding causation of loss in professional negligence, the lower courts reached different conclusions, and the claimant may have a reasonable prospect of success if fresh evidence is admitted. The application to adduce fresh evidence is adjourned to the full court.

Court Disposition

Permission to appeal granted

Orders

  • Stay of operative parts of Lloyd J's order
  • Application to adduce fresh evidence adjourned to full court