Fox v Hall

Fox v Hall

The application for permission to appeal was dismissed because none of the grounds advanced by the applicant had a reasonable prospect of success. The judge was entitled to make the findings he did on the evidence, was not obliged to find fraud, was not bound by previous findings, and was entitled to find the claim statute barred.

Parties
Applicant: Kevin Fox; Respondent: Michael Hall
Jurisdiction
England and Wales
Judgment Date
17 June 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal dismissed
Legal Topics
Appeals, Witness Immunity, Fraud, Issue Estoppel, Statute of Limitations
Civil Procedure Appeals Witness Immunity Fraud Issue Estoppel Statute of Limitations

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Fox

Applicant

Michael Hall

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge was biased or failed to ensure fairness
  2. 2 Whether the trial judge erred in applying witness immunity
  3. 3 Whether the trial judge erred in not finding fraud

Ratio Decidendi

The application for permission to appeal was dismissed because none of the grounds advanced by the applicant had a reasonable prospect of success. The judge was entitled to make the findings he did on the evidence, was not obliged to find fraud, was not bound by previous findings, and was entitled to find the claim statute barred.

Court Disposition

application for permission to appeal dismissed

Orders

  • Application for permission to appeal is dismissed