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England and Wales Court of Appeal (Civil Division) Decisions

You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Ali v Khan & Ors [2002] EWCA Civ 452 (26 March 2002)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/452.html
Cite as: [2002] EWCA Civ 452
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Neutral Citation Number: [2002] EWCA Civ 452
B2/2002/0136

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BIRMINGHAM COUNTY COURT
(His Honour Judge McKenna)

Royal Courts of Justice
Strand
London WC2
Tuesday 26th March, 2002

B e f o r e :

LORD JUSTICE ALDOUS
____________________

(1) SHAZIA PARVEEN ALI
Claimant/Respondent
- v -
(1) NASEEM KHAN
(2) REHANNA ALI
(3) ZULQFIQUAR ALI
(4) GULZAR KHAN
Defendants/Applicants

____________________

(Computer Aided Transcript of the Palantype Notes of
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)

____________________

MR A MAHMOOD (Instructed by Messrs Michael Lee & Co, Birmingham B10 0LN) appeared on behalf of the Applicants
THE RESPONDENT did not appear and was not represented
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

  1. LORD JUSTICE ALDOUS: I think that there is sufficient here for me to grant permission to appeal. I am by no means certain that the judge fully understood the law on estoppel, nor on illegality, nor on advancement. The other matter, namely his failure to deal with some of the evidence can also be raised.

  2. I do not propose to deal with the application to admit fresh evidence. That application can be made to the full court.

  3. Permission to appeal granted.

    4. ORDER: Application for permission to appeal granted; application for permission to rely on further evidence adjourned to the full court; time estimate one day; costs of this application to be costs in the appeal; detailed assessment of the Applicant's Community Legal Services Funding.
    (Order not part of approved judgment)

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