Capital Bank Plc v McDiarmid

Capital Bank Plc v McDiarmid

The Recorder was entitled to find, on the balance of probabilities and after considering all the evidence, that the signature was genuine. The requirements for admitting fresh evidence on appeal were not satisfied.

Parties
Claimant/appellant: Capital Bank Plc; Defendant/respondent: McDiarmid
Jurisdiction
England and Wales
Judgment Date
07 February 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal and to Adduce Fresh Evidence
Outcome
applications refused
Legal Topics
Guarantee, Forgery, Admission of Fresh Evidence, Findings of Fact, Hire Purchase Agreement
Contract Law Banking Law Guarantee Forgery Admission of Fresh Evidence Findings of Fact Hire Purchase Agreement

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Parties

Capital Bank Plc

Claimant/appellant

McDiarmid

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the signature on the guarantee was that of Mr McDiarmid or a forgery
  2. 2 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The Recorder was entitled to find, on the balance of probabilities and after considering all the evidence, that the signature was genuine. The requirements for admitting fresh evidence on appeal were not satisfied.

Court Disposition

applications refused

Orders

  • Permission to appeal refused
  • Application to adduce fresh evidence refused