Heather v Griffiths

Heather v Griffiths

Permission to appeal was granted because there was a real prospect of success on the argument that the judge's use of the slip rule to alter the damages order after it was sealed was outside his power. Both the original and corrected orders were set aside and the matter remitted to the county court to determine whether the claimant's loss exceeded the settlement already received.

Parties
Applicant/claimant: James Norton Heather; Respondent/defendant: George Terence Griffiths
Jurisdiction
England and Wales
Judgment Date
09 July 2004
Procedural Posture
Civil Appeal / Permission to Appeal and Substantive Appeal From County Court Orders
Outcome
Appeals allowed; orders set aside; case remitted for re-hearing
Legal Topics
Damages, Slip Rule, Correction of Judgments, Appeal Procedure
Contract Law Civil Procedure Damages Slip Rule Correction of Judgments Appeal Procedure

Case Brief

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Parties

James Norton Heather

Applicant/claimant

George Terence Griffiths

Respondent/defendant

Procedural Posture

Civil Appeal / Permission to Appeal and Substantive Appeal From County Court Orders

Legal Issues

  1. 1 Whether the county court judge had power under the slip rule (CPR 40.12) to correct the damages order after it was sealed
  2. 2 Whether the damages awarded properly accounted for the settlement already received by the claimant
  3. 3 Whether the findings of fact and quantum of damages should be revisited

Ratio Decidendi

Permission to appeal was granted because there was a real prospect of success on the argument that the judge's use of the slip rule to alter the damages order after it was sealed was outside his power. Both the original and corrected orders were set aside and the matter remitted to the county court to determine whether the claimant's loss exceeded the settlement already received.

Court Disposition

Appeals allowed; orders set aside; case remitted for re-hearing

Orders

  • Permission to appeal against the orders of 2nd October 2003 and 9th October 2003 granted
  • Orders of 2nd October 2003 and 9th October 2003 set aside