Fayers Legal Services Ltd & Anor v Day [2001] EWCA Civ 1257 (12 July 2001)

Fayers Legal Services Ltd & Anor v Day [2001] EWCA Civ 1257 (12 July 2001)

The application for permission to appeal was dismissed because there was no real prospect of the Court of Appeal overturning the trial judge's findings of fact or assessment of the evidence. The judge's conclusions on Mr Day's liability for dishonest assistance and knowing receipt were supported by the evidence, and any appeal would be hopeless as it would be an appeal on fact.

Citation
[2001] EWCA Civ 1257
Parties
Claimant/respondent: Fayers Legal Services Limited; Claimant/respondent: Mrs Patricia Taylor; Defendant/applicant: Howard Day
Jurisdiction
England and Wales
Judgment Date
12 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal dismissed
Legal Topics
Dishonest Assistance, Knowing Receipt, Breach of Fiduciary Duty, Misfeasance, Constructive Trust, Appeals Procedure
Company Law Equity and Trusts Civil Procedure Dishonest Assistance Knowing Receipt Breach of Fiduciary Duty Misfeasance Constructive Trust +1 more

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Parties

Fayers Legal Services Limited

Claimant/respondent

Mrs Patricia Taylor

Claimant/respondent

Howard Day

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mr Day was liable for dishonest assistance in breaches of fiduciary duty by Mr Fayers
  2. 2 Whether Mr Day was liable as a constructive trustee for knowing receipt of misappropriated funds
  3. 3 Whether Mr Day was liable for misappropriation of Mrs Taylor's money

Ratio Decidendi

The application for permission to appeal was dismissed because there was no real prospect of the Court of Appeal overturning the trial judge's findings of fact or assessment of the evidence. The judge's conclusions on Mr Day's liability for dishonest assistance and knowing receipt were supported by the evidence, and any appeal would be hopeless as it would be an appeal on fact.

Court Disposition

application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed