JO1 v Garret & Anor [2010] EWHC 657 (QB) (31 March 2010)

JO1 v Garret & Anor [2010] EWHC 657 (QB) (31 March 2010)

The pleadings fail to address the essential elements of the torts relied upon; the allegations are speculative and unsupported; causation and damage are not properly pleaded; the claim is statute barred; and there is no real prospect of success on appeal.

Citation
[2010] EWHC 657
Parties
Claimant Appellant: JO1; First Defendant Respondent: Christopher Garret; Second Defendant Respondent: Oxfordshire County Council
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Civil Appeal (permission to Appeal) / Application for Permission to Appeal From Summary Judgment
Outcome
Permission to appeal refused
Legal Topics
Misfeasance in Public Office, Fraudulent Misrepresentation, Malicious Falsehood, Summary Judgment, Abuse of Process, Causation, Limitation
Tort Law Civil Procedure Family Law Misfeasance in Public Office Fraudulent Misrepresentation Malicious Falsehood Summary Judgment Abuse of Process +2 more

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Parties

JO1

Claimant Appellant

Christopher Garret

First Defendant Respondent

Oxfordshire County Council

Second Defendant Respondent

Procedural Posture

Civil Appeal (permission to Appeal) / Application for Permission to Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the claim discloses a reasonable cause of action in misfeasance in public office, deceit, or malicious falsehood
  2. 2 Whether the claim is an abuse of process or statute barred
  3. 3 Whether causation and damage are sufficiently pleaded

Ratio Decidendi

The pleadings fail to address the essential elements of the torts relied upon; the allegations are speculative and unsupported; causation and damage are not properly pleaded; the claim is statute barred; and there is no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused