Davey v Williams & Anor [2000] EWCA Civ 131 (18 April 2000)

Davey v Williams & Anor [2000] EWCA Civ 131 (18 April 2000)

The Assistant Recorder's reasoning was flawed and incomplete, failing to properly assess witness credibility and evidence. The central issue of veracity was not directly addressed, and significant points supporting the claimant's case were not considered. The judgment cannot stand, and a re-hearing before a different judge is required.

Citation
[2000] EWCA Civ 131
Parties
Claimant: Mr Davey; Respondent: Mr Williams; Respondent: Mrs Williams
Jurisdiction
England and Wales
Judgment Date
18 April 2000
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Share Purchase Agreement, Failure of Consideration, Credibility Assessment, Re Hearing of Factual Disputes
Contract Law Company Law Share Purchase Agreement Failure of Consideration Credibility Assessment Re Hearing of Factual Disputes

Case Brief

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Parties

Mr Davey

Claimant

Mr Williams

Respondent

Mrs Williams

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Mr Davey paid £25,000 to Mr and Mrs Williams for shares in Cardiff Shooting Centre Limited
  2. 2 Whether the payment is recoverable as money paid for a consideration which has wholly failed
  3. 3 Whether the trial judge properly assessed witness credibility and evidence

Ratio Decidendi

The Assistant Recorder's reasoning was flawed and incomplete, failing to properly assess witness credibility and evidence. The central issue of veracity was not directly addressed, and significant points supporting the claimant's case were not considered. The judgment cannot stand, and a re-hearing before a different judge is required.

Court Disposition

appeal allowed

Orders

  • judgment in favour of respondents set aside
  • re-trial ordered before a different judge