Eagles & Anor v Phillips & Anor [2001] EWCA Civ 289 (22 February 2001)
There was no substance to the appeal as the findings of fact by the district judge were supported by the evidence and could not be challenged; the requirements for permission to appeal under the 1999 Act were not satisfied.
- Citation
- [2001] EWCA Civ 289
- Parties
- Claimant: Mr TW Eagles; Claimant: Mrs SJ Eagles; Defendant: Mr AJ Phillips; Defendant: Mrs AJ Phillips
- Jurisdiction
- England and Wales
- Judgment Date
- 22 February 2001
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal to Court of Appeal
- Outcome
- application for permission to appeal refused
- Legal Topics
- Arrears of Rent, Appeals, Permission to Appeal, Adducing Fresh Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Mr TW Eagles
Claimant
Mrs SJ Eagles
Claimant
Mr AJ Phillips
Defendant
Mrs AJ Phillips
Defendant
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Legal Issues
- 1 Whether permission to appeal should be granted under section 55(1) of the Access to Justice Act 1999
- 2 Whether the district judge's findings of fact could be challenged
- 3 Whether fresh evidence should be admitted on appeal
Ratio Decidendi
There was no substance to the appeal as the findings of fact by the district judge were supported by the evidence and could not be challenged; the requirements for permission to appeal under the 1999 Act were not satisfied.
Court Disposition
application for permission to appeal refused
Orders
- application for permission to adduce fresh evidence refused
- application for permission to appeal refused
Full Case Text
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