- Considered — Rehana Azhar v All Money Matters T/A TFC Home Loans 2023-11-16
“…e an appellant has been given permission to appeal that does not preclude the respondent from objecting on the ground that it is a new point: Mullarkey v Broad [2009] EWCA Civ 2 at [29]; Brent LBC v Johnson [2022] EWCA Civ 28 at [37]; Gill v Lees News Ltd [2023] EWCA Civ 1178 at [63]. HHJ Lethem was thus fully entitled to consider the …”
- Cited — Harmohinder Singh Gill (as Trustee of the Gillcrest UK Pension Scheme) v Lees News Limited 2023-10-12
“… permission to appeal. But the fact that permission to appeal has been given does not preclude the tenant from objecting to its being raised: Mullarkey v Broad [2009] EWCA Civ 2 at [29]; Brent LBC v Johnson [2022] EWCA Civ 28 at [37]. The skeleton argument did not seek to show that Richards J misapplied the principles in Singh v Dass o…”
- Cited — Altrad Services Limited & Anor v The Commissioners for HMRC 2023-05-03
“…nce or (b), had it been run below, it would have resulted in the trial being conducted differently with regards to the evidence at the trial (Mullarkey v Broad [2009] EWCA Civ 2 at [30] and [49]).…”
- Cited — Nadia Zaman v London Borough Of Waltham Forest 2023-03-24
“…nce or (b), had it been run below, it would have resulted in the trial being conducted differently with regards to the evidence at the trial (Mullarkey v Broad [2009] EWCA Civ 2 at [30] and [49]).…”
- Cited — Bilal Ali (as personal representative of Farzand Ali (Deceased)) v Laith Khatib (as personal representative of Fateh Bubu (Deceased)) & Ors. 2022-04-08
“…[2009] EWCA Civ 2…”
- Cited — Times Travel (UK) Limited & Anor. v Pakistan International Airlines Corporation 2022-03-29
“…nce or (b), had it been run below, it would have resulted in the trial being conducted differently with regards to the evidence at the trial (Mullarkey v Broad [2009] EWCA Civ 2 at [30] and [49]).…”
- Cited — Logfret (UK) Ltd v HM Revenue and Customs 2020-04-29
“… principle is Singh v Dass [2019] EWCA Civ 360, where the point is stated by Haddon-Cave LJ at paragraph 17. He drew support from a decision Mullarkey v Broad, [2009] EWCA Civ 2, in which I gave the principal judgment, with which Pill LJ and Moses LJ agreed. In my judgment I observed that the grant of permission to appeal on a given gr…”
- Cited — Anixter Ltd v the Secretary of State for Transport 2020-01-30
“…idence or (b), had it been run below, it would have resulted in the trial being conducted differently with regards to the evidence the trial (Muilarkey v Broad [2009] EWCA Civ 2 at [301 and (491).…”
- Cited — Notting Hill Finance Ltd v Sheikh 2019-07-25
“…nce or (b), had it been run below, it would have resulted in the trial being conducted differently with regards to the evidence at the trial (Mullarkey v Broad [2009] EWCA Civ 2 at [30] and [49]).…”
- Cited — Singh v Dass 2019-03-07
“…nce or (b), had it been run below, it would have resulted in the trial being conducted differently with regards to the evidence at the trial (Mullarkey v Broad [2009] EWCA Civ 2 at [30] and [49]).…”
- Cited — First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd 2018-06-19
“… would have been different if the point had been made, the appeal court will almost always refuse to allow a new point to be taken on appeal: Mullarkey v Broad [2009] EWCA Civ 2 at [49]. But even where the new point raised is a pure point of law, the court retains a discretion to refuse to allow it to be taken. The court’s reluctance t…”