Daly & Anor v Sheikh [2004] EWCA Civ 119 (13 February 2004)

Daly & Anor v Sheikh [2004] EWCA Civ 119 (13 February 2004)

The appeal is dismissed because the new evidence could have been obtained with reasonable diligence for the retrial, does not materially affect the findings, and the trial judge's findings on forgery and novation are supported by credible evidence. The contract was novated to Mr Sheikh personally, and he is liable for the contract's obligations.

Citation
[2004] EWCA Civ 119
Parties
Claimant/respondent: Howard Daly; Claimant/respondent: Marilyn Daly; Defendant/appellant: Nomaan Sheikh
Jurisdiction
England and Wales
Judgment Date
13 February 2004
Procedural Posture
Civil Appeal / Appeal From Retrial Judgment, Application for New Evidence
Outcome
Appeal dismissed, application for new evidence refused
Legal Topics
Novation, Forgery, Admission of New Evidence, Preliminary Issues, Freezing Orders
Contract Law Civil Procedure Novation Forgery Admission of New Evidence Preliminary Issues Freezing Orders

Case Brief

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Parties

Howard Daly

Claimant/respondent

Marilyn Daly

Claimant/respondent

Nomaan Sheikh

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Retrial Judgment, Application for New Evidence

Legal Issues

  1. 1 Whether the contract was novated from Middlesex Design and Build Limited to Nomaan Sheikh personally
  2. 2 Whether the signature and date on the contract form were forged
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The appeal is dismissed because the new evidence could have been obtained with reasonable diligence for the retrial, does not materially affect the findings, and the trial judge's findings on forgery and novation are supported by credible evidence. The contract was novated to Mr Sheikh personally, and he is liable for the contract's obligations.

Court Disposition

Appeal dismissed, application for new evidence refused

Orders

  • Stay of execution on costs lifted
  • Freezing order to continue until further order