Jobson v Record & Anor [2005] EWCA Civ 1099 (17 August 2005)

Jobson v Record & Anor [2005] EWCA Civ 1099 (17 August 2005)

The application for permission to appeal was refused because the point Dr Record sought to raise regarding fabricated evidence was available at trial and not pursued adequately; there was no real prospect of success on appeal as the judge's findings on Mr Jobson's conduct were open to him on the evidence before him.

Citation
[2005] EWCA Civ 1099
Parties
Claimant/respondent: John Michael Jobson; First Defendant/applicant: Christopher Oswald Record; Second Defendant: Suzanne Marie Record
Jurisdiction
England and Wales
Judgment Date
17 August 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Application for extension of time granted; application for permission to appeal refused.
Legal Topics
Costs, Extension of Time, Permission to Appeal, Litigant in Person, Fabrication of Evidence
Civil Procedure Costs Extension of Time Permission to Appeal Litigant in Person Fabrication of Evidence

Case Brief

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Parties

John Michael Jobson

Claimant/respondent

Christopher Oswald Record

First Defendant/applicant

Suzanne Marie Record

Second Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether to grant an extension of time for filing the appellant's notice
  2. 2 Whether permission to appeal the costs order should be granted

Ratio Decidendi

The application for permission to appeal was refused because the point Dr Record sought to raise regarding fabricated evidence was available at trial and not pursued adequately; there was no real prospect of success on appeal as the judge's findings on Mr Jobson's conduct were open to him on the evidence before him.

Court Disposition

Application for extension of time granted; application for permission to appeal refused.

Orders

  • Extension of time to file appellant's notice granted to 15th July 2005.
  • Permission to appeal refused.