Momson v Azeez

Momson v Azeez

Permission to appeal was granted on limited issues because there was a real prospect of success on whether the judge erred in his approach to fairness and proportionality under CPR 3.9 and Article 6 ECHR, given the serious consequences for the appellant.

Parties
Appellant/defendant: Momson; Respondent/claimant: Azeez
Jurisdiction
England and Wales
Judgment Date
05 June 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Interlocutory Orders
Outcome
Permission to appeal the order of Briggs J granted on three limited issues; application to appeal the order of HHJ Marshall adjourned.
Legal Topics
Relief From Sanctions, Disclosure Obligations, Constructive Trusts, Article 6 ECHR (fair Trial)
Civil Procedure Trusts Relief From Sanctions Disclosure Obligations Constructive Trusts Article 6 ECHR (fair Trial)

Case Brief

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Parties

Momson

Appellant/defendant

Azeez

Respondent/claimant

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Interlocutory Orders

Legal Issues

  1. 1 Whether the judge was clearly wrong in holding that the trial without the defendant’s proper disclosure but with his participation would be manifestly unfair to the claimant
  2. 2 Whether Article 6 ECHR required the judge to consider proportionality of the sanction
  3. 3 Whether the judge was required to consider the case in the round and if so, whether he did

Ratio Decidendi

Permission to appeal was granted on limited issues because there was a real prospect of success on whether the judge erred in his approach to fairness and proportionality under CPR 3.9 and Article 6 ECHR, given the serious consequences for the appellant.

Court Disposition

Permission to appeal the order of Briggs J granted on three limited issues; application to appeal the order of HHJ Marshall adjourned.

Orders

  • Appellant to file a skeleton argument within 21 days addressing the identified issues.
  • Order of HHJ Marshall of 29 January 2007 to be obtained and filed.