header-logo header-logo

05 May 2011
Issue: 7464 / Categories: Case law , Law reports
printer mail-detail

Judgment—Reserved judgment—Delay

Bond v Dunster Properties Ltd and others [2011] EWCA Civ 455, [2011] All ER (D) 248 (Apr)

Court of Appeal, Civil Division, Lord Neuberger MR, Arden and Longmore LJJ, 21 Apr 2011

Delay in handing down judgment will not automatically render the judgment unsafe, but may affect whether the appeal court is prepared to interfere with findings of fact.

Richard Ascroft (instructed by Thrings LLP) for the claimant, Michelle Stevens-Hoare (instructed by Andrew Simpson) for the defendants.

The claimant was the father of the third defendant. The first two defendants were companies which the third defendant had established. The claim related to advances of £520,000 from the claimant to the companies between December 2002 and July 2003. The third defendant gave post-dated cheques as security. The claimant took possession of the property in August 2003. He issued proceedings in June 2005. The third defendant argued that the sums were made pursuant to an oral agreement between himself and the claimant to participate in a joint venture to acquire and develop a property. The monies were to be repaid out

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll