The claimant sought repayment of loans. The judge had refused summary judgement, but ordered the defendant to pay a sum into court, failing which his defence would be struck out. The defendant appealed saying the condition for making a conditional order did not apply.
Held: The judge had found that the defence might succeed, but that it was improbable. The judge was correct to make those findings on the evidence before him. The defendant argued that no evidence had been given as to his means, and ability to make the payment requested. The court should not make a conditional offer where the defendant could not meet that condition. Should the Court of Appeal hear such evidence? The issues here were not the same as the general issue of admission of new evidence by an appellate court. It was self evident in the particular circumstances that such evidence must be admitted. Having done so, the judge’s order was set aside.
Lord Justice Brooke, Lord Justice Mance, and Mr Justice Park
[2002] EWCA Civ 198, [2002] All ER (D) 321 (Feb)
Bailii
Civil Procedure Rules 24
England and Wales
Cited by:
See Also – Anglo-Eastern Trust Ltd and Another v Kermanshahchi ChD 21-Oct-2002
The respondent sought deletion of a penal notice attached to a court order. The notice was not brought to the notice of the judge, but attached to the copy served.
Held: The words of rule 7(4) suggested that the penal notice might be attached . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 September 2021; Ref: scu.167952