Kelsey (t/a Terry Kelsey Property Improvements) v Streatfeild [2002] EWCA Civ 214 (4 February 2002)

Kelsey (t/a Terry Kelsey Property Improvements) v Streatfeild [2002] EWCA Civ 214 (4 February 2002)

There was no evidence of improper judicial intervention, unfairness, or perverse findings; the judge was entitled to reach his conclusions on the evidence and conduct the trial as he did.

Citation
[2002] EWCA Civ 214
Parties
Claimant/respondent: Terence William Kelsey (T/a Terry Kelsey Property Improvements); Defendant/applicant: Elizabeth Mary Streatfeild
Jurisdiction
England and Wales
Judgment Date
04 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Appeals, Judicial Conduct, Building Contracts, Assessment of Evidence
Civil Procedure Contract Law Appeals Judicial Conduct Building Contracts Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Terence William Kelsey (T/a Terry Kelsey Property Improvements)

Claimant/respondent

Elizabeth Mary Streatfeild

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge's conduct deprived the defendant of a fair hearing
  2. 2 Whether the judge failed to consider relevant evidence or was not even-handed
  3. 3 Whether the judge's findings on disputed documents were perverse or unsupported

Ratio Decidendi

There was no evidence of improper judicial intervention, unfairness, or perverse findings; the judge was entitled to reach his conclusions on the evidence and conduct the trial as he did.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal refused