Citation: EWCA Civ. 894 LAWTEL CA
Nature of case: Following earlier reported litigation on the significance of contractual performance tests on an allegedly defective sewage treatment works, the appellants sought to argue that the first instance judge’s decision was substantially wrong on fact and law. The Court of Appeal held that the appeal was simply not viable unless the claimant/appellant was allowed to re-open large parts of the judge’s findings. The burden on an appellant to obtain leave to appeal against a TCC judge (specifically) on findings of fact would be heavy, and heavier in complex cases. The application was refused.
