Gateley Manchester LLP v Rose & Anor

The preliminary issue procedure was inappropriate as the issues could not be determined without a full trial of facts. The appeal was allowed, the order below set aside, and the matter remitted to the County Court for trial with appropriate directions.

Parties: Respondent: Gateley Manchester LLP; Applicants: Rose & Anr
Jurisdiction: England and Wales
Judgment Date: 05 March 2013
Procedural Posture: Civil Appeal / Appeal From Preliminary Issue Determination
Outcome: Appeal allowed; order below set aside; matter remitted for trial; costs awarded to appellants.
Legal Topics: Assignment of Debts, Preliminary Issues, Costs, Jurisdiction

Contract Law Civil Procedure Assignment of Debts Preliminary Issues Costs Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Gateley Manchester LLP

Respondent

Rose & Anr

Applicants

Procedural Posture

Civil Appeal / Appeal From Preliminary Issue Determination

Legal Issues

1 Whether the Deed of Assignment was sufficient to transfer the alleged debt and right to bring proceedings to Gateley
2 Whether the Deed of Assignment enabled Gateley to recover counsel's fees incurred by Halliwells on behalf of the defendants
3 Whether agreements referred to in the Defence were made and their terms

Ratio Decidendi

Court Disposition

Appeal allowed; order below set aside; matter remitted for trial; costs awarded to appellants.

Orders

Gateley to pay appellants £3,508 plus VAT for costs below.
Gateley to pay appellants £8,000 inclusive of VAT for appeal costs.