Singh v Dass

Singh v Dass

The appeal was dismissed because the new point under s.29(5) Limitation Act 1980 was not raised below, would require new evidence, and the findings of fact by the District Judge did not support that post-termination payments were part payments of the debt claimed. It was not appropriate to allow the new point to be raised on appeal.

Parties
Applicant: Avtar Singh; Respondent: Roshan Dass
Jurisdiction
England and Wales
Judgment Date
07 March 2019
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Preliminary Limitation Issue
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Building Contracts, Raising New Points on Appeal
Contract Law Civil Procedure Limitation of Actions Building Contracts Raising New Points on Appeal

Case Brief

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Parties

Avtar Singh

Applicant

Roshan Dass

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Preliminary Limitation Issue

Legal Issues

  1. 1 Whether the claim was statute-barred under the Limitation Act 1980
  2. 2 Whether post-termination payments triggered a fresh accrual of the cause of action under s.29(5) Limitation Act 1980
  3. 3 Whether a new point not raised below can be raised on appeal

Ratio Decidendi

The appeal was dismissed because the new point under s.29(5) Limitation Act 1980 was not raised below, would require new evidence, and the findings of fact by the District Judge did not support that post-termination payments were part payments of the debt claimed. It was not appropriate to allow the new point to be raised on appeal.

Court Disposition

Appeal dismissed

Orders

  • Mr Singh to pay Mr Dass’s costs of the appeal