DHL Air Ltd. v Wells [2003] EWCA Civ 1743 (07 November 2003)

DHL Air Ltd. v Wells [2003] EWCA Civ 1743 (07 November 2003)

The appeal was allowed because the finding of deceit was based on an allegation that was not pleaded, not raised in submissions, and not put to the appellant during the hearing, resulting in prejudice and procedural unfairness.

Citation
[2003] EWCA Civ 1743
Parties
Appellant/respondent: DHL Air Limited; Defendant/appellant: Alexander Wells
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Deceit, Pleading Requirements, Employment Contracts, Costs, Civil Procedure Rules
Contract Law Tort Law Civil Procedure Deceit Pleading Requirements Employment Contracts Costs Civil Procedure Rules

Case Brief

Summary, issues, holding and outcome

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Parties

DHL Air Limited

Appellant/respondent

Alexander Wells

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the finding of deceit against the appellant was proper given the allegation was not pleaded, put in submissions, or put to the appellant during the hearing
  2. 2 Whether the appellant's conduct amounted to actionable deceit
  3. 3 Whether the trial judge erred in the conduct of the trial and in the application of procedural rules

Ratio Decidendi

The appeal was allowed because the finding of deceit was based on an allegation that was not pleaded, not raised in submissions, and not put to the appellant during the hearing, resulting in prejudice and procedural unfairness.

Court Disposition

appeal allowed

Orders

  • judgment entered for the defendant
  • costs to be assessed if not agreed