Lloyd Dorian Williams v Gerwyn Lloyd Williams & Ors

Lloyd Dorian Williams v Gerwyn Lloyd Williams & Ors

Lewison LJ's original order granting permission to appeal on Ground 3 contained an accidental error, corrected under CPR r 40.12; permission to appeal is limited to Ground 5, and the Court cannot grant leave or re-open refusal of permission on Ground 3 except under CPR r 52.30, which does not apply here.

Parties
Claimant/appellant: Lloyd Dorian Williams; Defendant/respondent: Gerwyn Lloyd Williams; Defendant/respondent: Susan Elizabeth Ham; Defendant/respondent: Sara Llewellyn Jones and John Alun Lloyd (as Executors and Administrators of Lloyd Williams deceased)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Application for Review of Order Refusing Permission to Appeal on Ground 3
Outcome
Application refused
Legal Topics
Permission to Appeal, Slip Rule Correction, Partnership Property, Beneficial Ownership, Abuse of Process
Civil Procedure Property Law Trusts and Estates Permission to Appeal Slip Rule Correction Partnership Property Beneficial Ownership Abuse of Process

Case Brief

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Parties

Lloyd Dorian Williams

Claimant/appellant

Gerwyn Lloyd Williams

Defendant/respondent

Susan Elizabeth Ham

Defendant/respondent

Sara Llewellyn Jones and John Alun Lloyd (as Executors and Administrators of Lloyd Williams deceased)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Review of Order Refusing Permission to Appeal on Ground 3

Legal Issues

  1. 1 Whether the appellant has permission to appeal on Ground 3
  2. 2 Whether the Court can grant leave for a ground already refused by a single judge
  3. 3 Whether the slip rule applies to correction of permission orders

Ratio Decidendi

Lewison LJ's original order granting permission to appeal on Ground 3 contained an accidental error, corrected under CPR r 40.12; permission to appeal is limited to Ground 5, and the Court cannot grant leave or re-open refusal of permission on Ground 3 except under CPR r 52.30, which does not apply here.

Court Disposition

Application refused

Orders

  • Appellant may not rely on Ground 3 or renew this or any similar application at the substantive appeal hearing.
  • Appellant restricted to arguing Ground 5 only at the substantive appeal.