A family had occupied a council house. They purchased the property under the right to buy scheme, with financial assistance from a son, who having paid the mortgage was to allow his parents to live in the house, but then it was to become his. The son fell into arrears, and the family into dispute about the trusts upon which the home was held. One son sought a retrial.
Held: The first trial and the judgment given was unsatisfactory, but all parties had contributed to the defects. A new trial should be ordered only in exceptional cases, and this was not a case in which justice required a retrial.
Judges:
Lord Justice Henry, Lord Justice Robert Walker And Lord Justice Longmore
Citations:
[2001] EWCA Civ 955
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Heffer and Another v Tiffin Green (A Firm) CA 17-Dec-1998
The plaintiff had sued the defendant accountants for negligently understating their business profits by inflating the figure for creditors. As a result, further tax had to be paid. The plaintiffs claimed the penalties and interest on tax paid . .
Cited – Bray v Ford HL 1896
An appellate court’s power to order a new trial is conditional on ‘some substantial wrong or miscarriage’ being established.
Lord Hershell said: ‘It is an inflexible rule of the court of equity that a person in a fiduciary position, such as . .
Cited by:
Cited – Foster v Foster CA 16-Apr-2003
The marriage had been short, there were no children, both parties were working, and each could support themselves providing themselves with accomodation. The wife had successfully appealed a finding of the district judge for an equal distribution. . .
Lists of cited by and citing cases may be incomplete.
Trusts, Litigation Practice
Updated: 31 May 2022; Ref: scu.147587