The claimants sought permission to appeal after their claim had been struck out. The claim had alleged fraud against the first defendant, and the court had found that claim to have no real prospect of success. They said that the bank had provided a financial reference upon which they relied in turning down one offer for a golf course development in Spain in favour of an offer apparently supported by the reference. The judge had held that they had not relied on the reference.
Held: The documentation made the position clear, and no businessman of any experience would have relied on the purported reference, and the reference was also subject to an effective disclaimer. The evidence now sought to be admitted could with reasonable diligence have been obtained for the trial. No important point of law or practice arose, and leave was refused.
Judges:
Otton LJ, Buxton LJ
Citations:
[2000] EWCA Civ 176
Links:
Jurisdiction:
England and Wales
Land, Equity, Banking, Legal Professions
Updated: 31 May 2022; Ref: scu.147209
