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
Summary, issues, holding and outcome
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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)
Legal Issues
- 1 Whether to grant extension of time for filing appellant's notice
- 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.
Full Case Text
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