Jobson v Record & Anor

Jobson v Record & Anor

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

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 (costs Order)
Outcome
Application for extension of time granted; application for permission to appeal refused.
Legal Topics
Costs, Extension of Time, Permission to Appeal

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 (costs Order)

  1. 1 Whether to grant extension of time for filing 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 raised by Dr Record regarding fabricated evidence was available at trial and not pursued; there was no real prospect of success on appeal as the judge's findings on costs and Mr Jobson's conduct were justified 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 the costs order refused.