Key Facts
- •Rehana Azhar (Appellant) entered into an agreement with All Money Matters (Respondent) for a loan to purchase a property.
- •A dispute arose regarding the payment of an arrangement fee.
- •The trial before DDJ Arnold involved an amendment to the Particulars of Claim.
- •A new point, concerning the absence of a 'Confirmation of Instructions' letter, was raised on appeal, although not explicitly at trial.
- •The appeal before HHJ Lethem focused on whether this new point should be allowed.
Legal Principles
A new point cannot be raised on appeal if it could have changed the course of evidence at trial or requires further factual inquiry.
Singh v Dass [2019] EWCA Civ 360 and Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337
The adversarial system requires parties to define issues clearly in statements of case to enable fair preparation for trial.
Prudential Assurance Co Ltd v HMRC [2016] EWCA Civ 376
On appeal against an evaluative case management decision, the court assesses whether the decision had an identifiable flaw.
Re Sprintroom Ltd [2019] EWCA Civ 932
An appeal court will not interfere with a case management decision unless the judge considered irrelevant factors, ignored relevant ones, or clearly wrongly exercised discretion.
Jalla v Shell International Trading And Shipping Co Ltd [2021] EWCA Civ 1559
Permission to appeal does not prevent the respondent from objecting to a new point being raised.
Mullarkey v Broad [2009] EWCA Civ 2, Brent LBC v Johnson [2022] EWCA Civ 28, Gill v Lees News Ltd [2023] EWCA Civ 1178
Outcomes
The appeal was dismissed.
The Court of Appeal found no appealable flaw in HHJ Lethem's decision to refuse the new point. The appellant had not given fair warning of the point before trial, and allowing it would necessitate further evidence and factual inquiry.