Amelia Miggiano v Islwyn Evans

Amelia Miggiano v Islwyn Evans

The application for permission to appeal was refused because the trial judge’s findings—that the signature was probably genuine—were supported by the evidence, including expert and witness testimony, and there was no error of law or procedure. There was no real prospect of success on appeal nor any other compelling reason for the appeal to be heard.

Parties
Claimant: Amelia Miggiano; Defendant: Islwyn Evans
Jurisdiction
England and Wales
Judgment Date
06 December 2024
Procedural Posture
Civil / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Appeals, Forgery, Transfer of Property, Wills and Probate, Expert Evidence
Civil Procedure Property Law Appeals Forgery Transfer of Property Wills and Probate Expert Evidence

Case Brief

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Parties

Amelia Miggiano

Claimant

Islwyn Evans

Defendant

Procedural Posture

Civil / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the claimant's signature on the property transfer was genuine
  2. 2 Whether there was a real prospect of success for the appeal against the trial judge's findings of fact
  3. 3 Whether the trial was fair and conducted properly

Ratio Decidendi

The application for permission to appeal was refused because the trial judge’s findings—that the signature was probably genuine—were supported by the evidence, including expert and witness testimony, and there was no error of law or procedure. There was no real prospect of success on appeal nor any other compelling reason for the appeal to be heard.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal is refused.