Spice Girls Ltd v Aprilla World Service BV (No 3): ChD 20 Jul 2000

After trials and hearings as to the facts, as to damages, and as to costs, and where the parties had previously been shown draft judgments, and been invited to comment, the applicants sought to appeal, on the grounds that losses which had been claimed, had not been suffered.
Held: The information had been known or available to the appellants and had not been raised when opportunities presented themselves. The suggested evidence did not suggest a real difference. The appeal was the wrong way to go about things and was denied.
Arden J said: ‘In my judgment, an appeal is not the appropriate course where there are errors in judgments which can be corrected by the court which conducted the trial. To leave such matters to an appeal means further delay, uncertainty and costs, which is not in the interests of litigants. The trial judge is in a strong position to consider the effect of the error in the context of the entire case.’ and ‘I do not wish to say anything against the usefulness of the reconsideration jurisdiction, within its proper limits. I have made use of it myself. . . There are of course cases where an error of fact or law may be too clear for argument. The best test of that is perhaps – but not necessarily – where the judge himself identifies the error which concerns him. In such a case, it is better that the error is corrected without imposing on the parties the need for an appeal.’

Judges:

Arden J

Citations:

Gazette 07-Sep-2000, Times 12-Sep-2000

Jurisdiction:

England and Wales

Citing:

See alsoSpice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000
Disclosure Duties on those entering into contract
The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . .
See alsoSpice Girls Ltd v Aprilla World Service BV ChD 5-Apr-2000
It was possible through conduct to make representations which could induce the other party to enter into a contract. Here the contract was entered into at a time when one of the group had decided to leave, but in the period before the contract had . .

Cited by:

Appeal fromSpice Girls Limited v Aprilia World Service Bv CA 24-Jan-2002
When considering the statutory right to rescind for innocent misrepresentation, the representation should be interpreted to bear the meaning in which it would reasonably be understood by the claimant, the natural and ordinary meaning which would be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.89455