Nolan v Wright

Nolan v Wright

Permission to appeal is granted because the section 32 limitation point is discrete and fact-sensitive, and the judge's costs order may have been flawed due to lack of information about the parties' costs and failure to follow normal rules after striking out parts of the defence.

Parties
Appellant: Nolan; Respondent: Wright
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted on all grounds asserted except the one already granted by Patten LJ.
Legal Topics
Summary Judgment, Limitation of Actions, Costs Orders, Extortionate Credit Bargain, Case Management
Civil Procedure Credit and Finance Limitation Summary Judgment Limitation of Actions Costs Orders Extortionate Credit Bargain Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nolan

Appellant

Wright

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claim to re-open the credit agreement as an extortionate credit bargain is statute barred under section 8 of the Limitation Act
  2. 2 Whether section 32 of the Limitation Act applies to allow the defendant to escape limitation
  3. 3 Whether the judge's costs order was correct in principle and discretion

Ratio Decidendi

Permission to appeal is granted because the section 32 limitation point is discrete and fact-sensitive, and the judge's costs order may have been flawed due to lack of information about the parties' costs and failure to follow normal rules after striking out parts of the defence.

Court Disposition

Permission to appeal granted on all grounds asserted except the one already granted by Patten LJ.

Orders

  • Appeal to proceed on substantive and costs points.
  • Appeal to be listed before a three-judge court with at least one Chancery judge.