Hertfordshire Investments Ltd v Bubb [2000] EWCA Civ 3013 (25 July 2000)

Hertfordshire Investments Ltd v Bubb [2000] EWCA Civ 3013 (25 July 2000)

The appeal was allowed because the trial judge erred in granting a rehearing and extension of time where the fresh evidence could have been produced at trial and there was no excuse for the delay; public policy requires finality in litigation, and professional litigators cannot expect indulgence for procedural defaults without good reason.

Citation
[2000] EWCA Civ 3013
Parties
Claimant: Home Counties Finance Limited; Defendants: Mr and Mrs Griffiths
Jurisdiction
England and Wales
Judgment Date
25 July 2000
Procedural Posture
Appeal / Post Trial
Outcome
appeal allowed
Legal Topics
Rehearing, Fresh Evidence, Extension of Time, Enforceability of Regulated Agreements
Civil Procedure Consumer Credit Rehearing Fresh Evidence Extension of Time Enforceability of Regulated Agreements

Case Brief

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Parties

Home Counties Finance Limited

Claimant

Mr and Mrs Griffiths

Defendants

Procedural Posture

Appeal / Post Trial

Legal Issues

  1. 1 Whether the claimant should be permitted a rehearing based on fresh evidence after final judgment
  2. 2 Whether time for applying for rehearing should be extended despite procedural default
  3. 3 Whether the loan agreement is enforceable under the Consumer Credit Act 1974

Ratio Decidendi

The appeal was allowed because the trial judge erred in granting a rehearing and extension of time where the fresh evidence could have been produced at trial and there was no excuse for the delay; public policy requires finality in litigation, and professional litigators cannot expect indulgence for procedural defaults without good reason.

Court Disposition

appeal allowed

Orders

  • Claimant ordered to pay first defendant's costs, including costs of hearings on 30th September 1998, 24th February 1999, and 2nd July 1999.
  • Detailed assessment and legal aid assessment of first defendant's costs.