Carr v Conlon [2006] EWCA Civ 1419 (11 October 2006)

Carr v Conlon [2006] EWCA Civ 1419 (11 October 2006)

Allegations of perjury and fraud require a full trial and cannot be determined on a summary application; the claim based on new evidence must be properly pleaded and the defendant must have an opportunity to respond at trial.

Citation
[2006] EWCA Civ 1419
Parties
Claimant/appellant: Malcolm Carr; Defendant/respondent: Conlon (and seven other partners in Bower Cotton)
Jurisdiction
England and Wales
Judgment Date
11 October 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
application for permission to appeal refused
Legal Topics
Summary Judgment, Perjury, Breach of Fiduciary Duty, Dishonest Assistance, Pleading Requirements
Civil Procedure Professional Negligence Fraud Summary Judgment Perjury Breach of Fiduciary Duty Dishonest Assistance Pleading Requirements

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Malcolm Carr

Claimant/appellant

Conlon (and seven other partners in Bower Cotton)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether summary judgment should be granted in a claim alleging perjury and fraud by a solicitor in prior proceedings
  2. 2 Whether the new evidence (NatWest schedule) justifies setting aside previous orders
  3. 3 Whether allegations of perjury can be determined summarily

Ratio Decidendi

Allegations of perjury and fraud require a full trial and cannot be determined on a summary application; the claim based on new evidence must be properly pleaded and the defendant must have an opportunity to respond at trial.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal is refused.