Griffiths v Gourlay & Ors [2015] EWCA Civ 1562 (17 December 2015)

There is a point of principle regarding partial severance of relief against sanctions that has a real prospect of success; permission to appeal is granted on all grounds in paragraph 24 of the grounds of appeal, but refused on all other grounds and against the original Unless Order.

Citation: [2015] EWCA Civ 1562
Parties: Claimant/applicant: Griffiths; Defendant/respondent: Gourlay & Ors
Jurisdiction: England and Wales
Judgment Date: 17 December 2015
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Permission to appeal granted in part, refused in part
Legal Topics: Relief From Sanctions, Unless Order, Section 994 Companies Act, Permission to Appeal

Civil Procedure Relief From Sanctions Unless Order Section 994 Companies Act Permission to Appeal

Case Brief

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Parties

Griffiths

Claimant/applicant

Gourlay & Ors

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether the judge erred in refusing relief against sanctions for inadequate responses to a Request for Further Information under an Unless Order
2 Whether the judge failed to consider the third stage of the Denton test
3 Whether partial severance of relief against sanctions should have been considered

Ratio Decidendi

Court Disposition

Permission to appeal granted in part, refused in part

Orders

Permission to appeal granted on grounds set out in paragraph 24 of the grounds of appeal
Permission to appeal refused on all other grounds