Walbrook Trustee (Jersey) Ltd and others v Fattal and others: CA 11 Mar 2008

Applications between consortium members as to management of apartment block.
Lawrence Collins LJ said: ‘ . . an appellate court should not interfere with case management decisions by a judge who has applied the correct principles and who has taken into account matters which should be taken into account and left out of account matters which are irrelevant, unless the court is satisfied that the decision is so plainly wrong that it must be regarded as outside the generous ambit of the discretion entrusted to the judge.’


Lawrence Collins LJ


[2008] EWCA Civ 427




England and Wales


Appeal fromWalbrook Trustees (Jersey) Ltd and others v Fattal and others ChD 29-Nov-2007
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Cited by:

See AlsoWalbrook Trustees (Jersey) Ltd and others v Fattal and others ChD 7-May-2008
Further case management in substantial case after additional pleadings. . .
See AlsoWalbrook Trustees (Jersey) Ltd and Others v Fattal and Others CA 8-Apr-2009
The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process.
Held: The appeal against the stay succeeded. The new case had been flagged up . .
CitedAllen v Cornwall Council QBD 20-May-2015
The claimant was injured riding his bicycle, and alleged failure by the respondent highway authority. The court now considered an application for leave to appeal against an order allowing the production of evidence of an expert in cycling skills and . .
CitedBPP Holdings Ltd and Others v Revenue and Customs SC 26-Jul-2017
The Revenue had challenged a decision by the FTTTx to bar it from defending an appeal as to VAT liability. It had failed first to meet procedural time limits and on the issue of an unless order had failed to comply. The Revenue challenged the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Litigation Practice

Updated: 29 August 2022; Ref: scu.267356