Chadwick v Hollingsworth [2010] EWCA Civ 1210 (02 November 2010)

Chadwick v Hollingsworth [2010] EWCA Civ 1210 (02 November 2010)

The Court of Appeal has no jurisdiction to hear the appeal because the order granting permission to amend particulars of claim and imposing a costs order is not a final decision as defined by the Destination of Appeals Order 2000; the appeal properly lies to the High Court.

Citation
[2010] EWCA Civ 1210
Parties
Claimant/appellant: Donald Chadwick; Defendant/respondent: Robin Hollingsworth
Jurisdiction
England and Wales
Judgment Date
02 November 2010
Procedural Posture
Appeal From Central London County Court (civil) / Jurisdictional Determination on Appeal Route
Outcome
Appeal dismissed for want of jurisdiction; matter remitted to the High Court.
Legal Topics
Jurisdiction, Appeal Routes, Amendment of Pleadings, Costs Orders
Civil Procedure Jurisdiction Appeal Routes Amendment of Pleadings Costs Orders

Case Brief

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Parties

Donald Chadwick

Claimant/appellant

Robin Hollingsworth

Defendant/respondent

Procedural Posture

Appeal From Central London County Court (civil) / Jurisdictional Determination on Appeal Route

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear the appeal from the county court's order granting permission to amend particulars of claim and imposing a costs order

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear the appeal because the order granting permission to amend particulars of claim and imposing a costs order is not a final decision as defined by the Destination of Appeals Order 2000; the appeal properly lies to the High Court.

Court Disposition

Appeal dismissed for want of jurisdiction; matter remitted to the High Court.

Orders

  • The Court of Appeal has no jurisdiction to hear the appeal.
  • The appeal is remitted to the High Court.