Crutchley v Kruger & Ors

Crutchley v Kruger & Ors

Permission to appeal was refused because the proposed appeal had no reasonable prospect of success, raised no point of principle or practice, and there was no compelling reason for the Court of Appeal to entertain it. The orders for disclosure and costs were ordinary and justified in the circumstances, and the Claimant's arguments did not demonstrate any error in the exercise of judicial discretion.

Parties
Claimant: Crutchley; Defendants: Kruger and Others
Jurisdiction
England and Wales
Judgment Date
09 March 2016
Procedural Posture
Civil Appeal / Application for Permission to Bring a Second Appeal
Outcome
Permission to appeal refused
Legal Topics
Disclosure of Documents, Costs Orders, Striking Out, Litigant in Person
Civil Procedure Personal Injury Disclosure of Documents Costs Orders Striking Out Litigant in Person

Case Brief

Summary, issues, holding and outcome

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Parties

Crutchley

Claimant

Kruger and Others

Defendants

Procedural Posture

Civil Appeal / Application for Permission to Bring a Second Appeal

Legal Issues

  1. 1 Whether the costs order and striking out of the action were justified given the alleged misleading of the court by the Defendants' counsel
  2. 2 Whether the Claimant was denied a fair opportunity to argue costs
  3. 3 Whether the court exercised its discretion properly in making the orders

Ratio Decidendi

Permission to appeal was refused because the proposed appeal had no reasonable prospect of success, raised no point of principle or practice, and there was no compelling reason for the Court of Appeal to entertain it. The orders for disclosure and costs were ordinary and justified in the circumstances, and the Claimant's arguments did not demonstrate any error in the exercise of judicial discretion.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused
  • No order as to further costs specified in this judgment