Bhangu & Anor v Jagdev & Ors [2001] EWCA Civ 1504 (9 October 2001)

Bhangu & Anor v Jagdev & Ors [2001] EWCA Civ 1504 (9 October 2001)

The judge's preference for the claimants' evidence, though not fully reasoned in the judgment, was arguably supported by the consistency of their evidence and the deficiencies in the defendant's case. However, the lack of explicit reasoning raised sufficient concern to warrant an adjournment for a hearing on notice.

Citation
[2001] EWCA Civ 1504
Parties
Claimant (respondent): Markan Singh Bhangu; Claimant (respondent): Gurpaul Singh Bhangu; Defendant (applicant): Surinder Singh Jagdev; Defendant: Ajit Singh Bajwa; Defendant: Singh Virdi & Co (a firm)
Jurisdiction
England and Wales
Judgment Date
09 October 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal adjourned to an on notice hearing before two judges.
Legal Topics
Assignment of Lease, Restitution for Void Contract, Credibility of Witnesses, Payment Disputes
Contract Law Restitution Assignment of Lease Restitution for Void Contract Credibility of Witnesses Payment Disputes

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Parties

Markan Singh Bhangu

Claimant (respondent)

Gurpaul Singh Bhangu

Claimant (respondent)

Surinder Singh Jagdev

Defendant (applicant)

Ajit Singh Bajwa

Defendant

Singh Virdi & Co (a firm)

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in preferring the claimants' evidence regarding payments made for the assignment of lease and stock
  2. 2 Whether the judge provided sufficient reasoning for her factual findings

Ratio Decidendi

The judge's preference for the claimants' evidence, though not fully reasoned in the judgment, was arguably supported by the consistency of their evidence and the deficiencies in the defendant's case. However, the lack of explicit reasoning raised sufficient concern to warrant an adjournment for a hearing on notice.

Court Disposition

Application for permission to appeal adjourned to an on notice hearing before two judges.

Orders

  • Application for permission to appeal adjourned to an on notice hearing before two judges, with appeal to follow if permission is granted (time estimate ½ day).
  • Costs in the further application/appeal.