Russell Jones v Dawn Hagger

Russell Jones v Dawn Hagger

There was no error of principle or arithmetic in the judge's reliance on the expert's report or in the calculation of the sum owed. The only minor error was in using the first rather than the revised report, but this was not material and was in the appellant's favour. The costs order was appropriate given the outcome.

Parties
Claimant/appellant: Russell Jones; Defendant/respondent: Dawn Hagger
Jurisdiction
England and Wales
Judgment Date
10 March 2024
Procedural Posture
Civil Appeal / Appeal From County Court Judgment and Costs Order
Outcome
Appeal dismissed
Legal Topics
Taking of Partnership Accounts, Costs on Appeal, Expert Evidence, Appeal Scope and Permission
Partnership Law Civil Procedure Taking of Partnership Accounts Costs on Appeal Expert Evidence Appeal Scope and Permission

Case Brief

Summary, issues, holding and outcome

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Parties

Russell Jones

Claimant/appellant

Dawn Hagger

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment and Costs Order

Legal Issues

  1. 1 Whether the judge erred in assessing the total net loss of the business at £48,106.46 rather than £50,106.46 as per the expert report
  2. 2 Whether the judge was right to find the appellant's share of such net loss amounted to £10,668.91
  3. 3 Whether the costs order was appropriate

Ratio Decidendi

There was no error of principle or arithmetic in the judge's reliance on the expert's report or in the calculation of the sum owed. The only minor error was in using the first rather than the revised report, but this was not material and was in the appellant's favour. The costs order was appropriate given the outcome.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the substantive order is dismissed.
  • The cross-appeals on costs are dismissed.