Weston & Anor v Weston & Ors [2006] EWCA Civ 42 (17 January 2006)

Weston & Anor v Weston & Ors [2006] EWCA Civ 42 (17 January 2006)

Dennis Weston's application to be joined as claimant was refused 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 possible fundamental mistake regarding the taxation certificate and lack of opportunity for submissions, constituting a compelling reason under CPR 52.13.

Citation
[2006] EWCA Civ 42
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 to Court of Appeal
Outcome
Glyn Weston's application for permission to appeal allowed; Dennis Weston's application refused.
Legal Topics
Costs Assessment, Joinder of Parties, Appeal Procedure, Delay in Litigation
Civil Procedure Partnership Law Costs Assessment Joinder of Parties Appeal Procedure 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 to Court of Appeal

Legal Issues

  1. 1 Whether Dennis Weston should be joined as a claimant in the partnership action
  2. 2 Whether Master Bowman's order on costs should stand or be replaced with no order as to costs
  3. 3 Whether the judge's reliance on a taxation certificate was fundamentally mistaken

Ratio Decidendi

Dennis Weston's application to be joined as claimant was refused 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 possible fundamental mistake regarding the taxation certificate and lack of opportunity for submissions, constituting a compelling reason under CPR 52.13.

Court Disposition

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

Orders

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