Grounds of appeal
Grounds of appeal
JNFX appeal, with the permission of Falk LJ, on 6 Grounds, namely that the Judge erred in finding that JNFX had no realistic prospect of success on the following points:
whether Mr Mervyn made the Use Representation;
whether the Use Representation (if made) and the Payment Representation were false, or alternatively were false in relation to any contracts prior to contract 10;
whether the representations were relied on by Mr Giwa and/or MultiChoice;
whether Mr Mervyn had ostensible authority to act on behalf of JNFX in entering into contracts;
whether JNFX’s standard terms of business were incorporated into any contracts;
the quantum of Mr Giwa’s claim.
- Heading
- Introduction
- Facts
- Mr Giwa’s claims
- The judgment
- Grounds of appeal
- Legal principles
- Ground 1 – the Use Representation
- Ground 2 – falsity of the Payment Representation
- Ground 3 – reliance on the Representations
- Ground 4 – ostensible authority
- Ground 5 – standard terms and conditions
- Ground 6 – quantum
- Conclusions
![CA-2024-001254 - [2025] EWCA Civ 961](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)