Fawdrey & Co (A Firm) v Murfitt [2001] EWCA Civ 1677 (2 November 2001)

Fawdrey & Co (A Firm) v Murfitt [2001] EWCA Civ 1677 (2 November 2001)

Permission to appeal is granted on the jurisdictional point regarding the judge's power to deal with the case, as the circumstances raise significant legal and factual issues about the validity of the transfer and the judge's authority.

Source-derived case information.

Citation
[2001] EWCA Civ 1677
Parties
Claimant/applicant: Fawdry & Co (a Firm); Defendant/respondent: Colin Douglas Murfitt; Intervener (potential): Lord Chancellor's Department
Jurisdiction
England and Wales
Judgment Date
02 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted on jurisdictional point.
Legal Topics
Jurisdiction, Case Transfer, Judicial Authority
Civil Procedure Jurisdiction Case Transfer Judicial Authority

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fawdry & Co (a Firm)

Claimant/applicant

Colin Douglas Murfitt

Defendant/respondent

Lord Chancellor's Department

Intervener (potential)

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Her Honour Judge Davies had jurisdiction to try the case after transfer to the Technology and Construction Court
  2. 2 Whether the transfer of the case was valid and effective

Ratio Decidendi

Permission to appeal is granted on the jurisdictional point regarding the judge's power to deal with the case, as the circumstances raise significant legal and factual issues about the validity of the transfer and the judge's authority.

Court Disposition

Permission to appeal granted on jurisdictional point.

Orders

  • Permission to appeal granted only on jurisdictional point in relation to judge's power to deal with case.
  • Lord Chancellor's Department to have permission to intervene if so advised.