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Commercial and civil litigation - Court of Appeal - Court should be slow to set aside permission to appeal.
14 December 2011
C had succeeded in a claim where it had been induced to buy a property at overvalue based on dishonest representations. B was granted permission to appeal, on two grounds. The second was based on C's consequential loss. B argued that the Judge had been wrong to accept C's schedule of loss as it have failed to disclose documents in support. C contended that this ground of appeal was materially inaccurate (and thereby misled the Judge) and was simply a tactical move to avoid payment.
The Court of Appeal held that it should be slow to set aside permission to appeal and would only do so if there was a compelling reason. The Judge could not have been materially misled. The issues were for the substantive appeal and not the application in hand. No sufficient ground had been shown to set aside the grant of permission to appeal. The application was therefore dismissed.
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Andrew Petchey, Partner, Litigation Team, Howell Jones solicitors
