Capital Bank Plc v McDiarmid [2006] EWCA Civ 226 (07 February 2006)

Capital Bank Plc v McDiarmid [2006] EWCA Civ 226 (07 February 2006)

The Recorder was justified in finding, on the balance of probabilities, that the signature on the guarantee was genuine. The applications for permission to appeal and to adduce fresh evidence failed because the factual findings were properly made and the fresh evidence did not meet the Ladd v Marshall criteria.

Citation
[2006] EWCA Civ 226
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 Application to Adduce Fresh Evidence
Outcome
applications refused
Legal Topics
Guarantee Validity, Forgery, Admission of Fresh Evidence on Appeal, Findings of Fact
Contract Law Civil Procedure Guarantee Validity Forgery Admission of Fresh Evidence on Appeal Findings of Fact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Capital Bank PLC

Claimant/appellant

McDiarmid

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the signature on the guarantee was the genuine signature of Mr McDiarmid
  2. 2 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The Recorder was justified in finding, on the balance of probabilities, that the signature on the guarantee was genuine. The applications for permission to appeal and to adduce fresh evidence failed because the factual findings were properly made and the fresh evidence did not meet the Ladd v Marshall criteria.

Court Disposition

applications refused

Orders

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