Hook Norton Brewery v Collinson [2001] EWCA Civ 941 (4 May 2001)

Hook Norton Brewery v Collinson [2001] EWCA Civ 941 (4 May 2001)

The applicant failed to demonstrate a real prospect of successfully defending the claim or that the appeal raised an important point of principle or practice. The counterclaim was unparticularised and unsupported by evidence, and the court would not admit new evidence on appeal. No other compelling reason justified granting permission for a second appeal.

Citation
[2001] EWCA Civ 941
Parties
Claimant: The Hook Norton Brewery; Defendant/applicant: John Collinson
Jurisdiction
England and Wales
Judgment Date
04 May 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
application for permission to appeal refused
Legal Topics
Default Judgment, Setting Aside Judgment, Counterclaim, Appeals Process, Breach of Contract
Contract Law Civil Procedure Default Judgment Setting Aside Judgment Counterclaim Appeals Process Breach of Contract

Case Brief

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Parties

The Hook Norton Brewery

Claimant

John Collinson

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the applicant has a real prospect of successfully defending the claim under CPR 13.3
  2. 2 Whether there is a compelling reason or important point of principle/practice to grant permission for a second appeal
  3. 3 Whether the applicant's counterclaim justifies setting aside the default judgment

Ratio Decidendi

The applicant failed to demonstrate a real prospect of successfully defending the claim or that the appeal raised an important point of principle or practice. The counterclaim was unparticularised and unsupported by evidence, and the court would not admit new evidence on appeal. No other compelling reason justified granting permission for a second appeal.

Court Disposition

application for permission to appeal refused

Orders

  • application dismissed