Macpherson v Wise
There was no credible evidence of a binding agreement to postpone repayment of the debts until after the sale of the property, and the new evidence sought to be adduced was privileged and inadmissible; therefore, there was no compelling reason to grant permission for a second appeal.
- Parties
- Appellant: Howard Macpherson; Respondent: Dennis Wise
- Jurisdiction
- England and Wales
- Judgment Date
- 12 April 2011
- Procedural Posture
- Civil Appeal / Application for Permission to Bring a Second Appeal
- Outcome
- permission to appeal refused
- Legal Topics
- Statutory Demand, Setting Aside Statutory Demand, Legal Professional Privilege, Enforceability of Agreements, Admission of New Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Howard Macpherson
Appellant
Dennis Wise
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Bring a Second Appeal
Legal Issues
- 1 Whether there was a substantial dispute as to the existence of a binding agreement to postpone repayment of debts until after the sale of property
- 2 Whether new evidence (solicitor's letter) should be admitted despite legal professional privilege
- 3 Whether there is a compelling reason to grant permission for a second appeal
Ratio Decidendi
There was no credible evidence of a binding agreement to postpone repayment of the debts until after the sale of the property, and the new evidence sought to be adduced was privileged and inadmissible; therefore, there was no compelling reason to grant permission for a second appeal.
Court Disposition
permission to appeal refused
Orders
- Application to adduce new evidence refused
- Permission to bring a second appeal refused
Full Case Text
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