Weston & Anor v Weston & Ors

Weston & Anor v Weston & Ors

Dennis Weston's application to be joined as a claimant was dismissed as there was no compelling reason or important point of principle, and Fred's estate was already represented. Glyn Weston's application for permission to appeal was allowed due to the judge's reliance on a potentially mistaken document (taxation certificate) and lack of opportunity for submissions, constituting a compelling reason for appeal.

Parties
Claimant/applicant: Ellen Weston (now deceased); Claimant/applicant: Glyn Weston; Defendant/respondent: Robert Handel Weston (now deceased); Defendant/respondent: Gladys Weston (now deceased) and Others; Applicant (to Be Joined as Claimant): Dennis Weston
Jurisdiction
England and Wales
Judgment Date
17 January 2006
Procedural Posture
Civil Appeal (partnership Action) / Application for Permission for Second Appeal
Outcome
Glyn Weston's application for permission to appeal allowed; Dennis Weston's application refused.
Legal Topics
Costs, Joinder of Parties, Appeals, Delay in Litigation
Civil Procedure Partnership Law Costs Joinder of Parties Appeals Delay in Litigation

Case Brief

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Parties

Ellen Weston (now deceased)

Claimant/applicant

Glyn Weston

Claimant/applicant

Robert Handel Weston (now deceased)

Defendant/respondent

Gladys Weston (now deceased) and Others

Defendant/respondent

Dennis Weston

Applicant (to Be Joined as Claimant)

Procedural Posture

Civil Appeal (partnership Action) / Application for Permission for Second Appeal

Legal Issues

  1. 1 Whether Dennis Weston should be joined as a claimant in the action
  2. 2 Whether the order for costs made by Master Bowman should stand or be set aside
  3. 3 Whether there was a compelling reason to grant permission for a second appeal to Glyn Weston

Ratio Decidendi

Dennis Weston's application to be joined as a claimant was dismissed as there was no compelling reason or important point of principle, and Fred's estate was already represented. Glyn Weston's application for permission to appeal was allowed due to the judge's reliance on a potentially mistaken document (taxation certificate) and lack of opportunity for submissions, constituting a compelling reason for appeal.

Court Disposition

Glyn Weston's application for permission to appeal allowed; Dennis Weston's application refused.

Orders

  • Judge's order below stayed pending substantive appeal with liberty to defendants to apply on notice to discharge it.
  • Appeal to be heard by three judges, one of whom may be a High Court judge.