DMR v IX & Ors [2020] EWCA Civ 377 (14 January 2020)

DMR v IX & Ors [2020] EWCA Civ 377 (14 January 2020)

Given the unique and bright-line factual scenario of the claimant's death occurring very shortly after the consent order, and the uncertainty in the law regarding whether such a supervening event can justify setting aside or appealing a final consent order, the case merits permission to appeal and an extension of...

Source-derived case information.

Citation
[2020] EWCA Civ 377
Parties
Respondent/claimant: DMR (Donna Rae) (by her litigation friend, LEW); Applicant/defendant: IX & Ors
Jurisdiction
England and Wales
Judgment Date
14 January 2020
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal
Outcome
Extension of time granted; permission to appeal granted; costs in the appeal.
Legal Topics
Consent Orders, Appeals, Fresh Evidence, Finality of Litigation, Damages Assessment
Civil Procedure Personal Injury Consent Orders Appeals Fresh Evidence Finality of Litigation Damages Assessment

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Parties

DMR (Donna Rae) (by her litigation friend, LEW)

Respondent/claimant

IX & Ors

Applicant/defendant

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether an extension of time should be granted for filing an appeal against a final consent order following the claimant's death shortly after the order was made
  2. 2 Whether permission to appeal should be granted on the basis that the claimant's death destroyed the basis of the consent order

Ratio Decidendi

Given the unique and bright-line factual scenario of the claimant's death occurring very shortly after the consent order, and the uncertainty in the law regarding whether such a supervening event can justify setting aside or appealing a final consent order, the case merits permission to appeal and an extension of time. The delay in filing the appeal is excusable due to the circumstances, and there is a compelling reason for the appeal to be heard.

Court Disposition

Extension of time granted; permission to appeal granted; costs in the appeal.

Orders

  • Extension of time for appeal granted
  • Permission to appeal granted