Watson v Bluemoor Properties Ltd [2002] EWCA Civ 1323 (18 September 2002)

Watson v Bluemoor Properties Ltd [2002] EWCA Civ 1323 (18 September 2002)

The application for permission to appeal was adjourned because there were unresolved issues regarding the merits of the counterclaim and the appropriateness of the costs order, and the judge was not satisfied that the counterclaim was so hopeless as to have no reasonable prospect of success.

Citation
[2002] EWCA Civ 1323
Parties
Claimant/respondent: Irene Watson; Defendant/applicant: Bluemoor Properties Ltd
Jurisdiction
England and Wales
Judgment Date
18 September 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Decision
Outcome
Application for permission to appeal adjourned; interim costs orders stayed pending further order.
Legal Topics
Setting Aside Orders, Counterclaims, Costs, Section 106 Agreements, Company Representation in Court
Civil Procedure Property Law Setting Aside Orders Counterclaims Costs Section 106 Agreements Company Representation in Court

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Parties

Irene Watson

Claimant/respondent

Bluemoor Properties Ltd

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Decision

Legal Issues

  1. 1 Whether the order striking out the counterclaim should be set aside
  2. 2 Whether the applicant had a reasonable prospect of success on the counterclaim
  3. 3 Whether the applicant acted promptly in applying to set aside the order

Ratio Decidendi

The application for permission to appeal was adjourned because there were unresolved issues regarding the merits of the counterclaim and the appropriateness of the costs order, and the judge was not satisfied that the counterclaim was so hopeless as to have no reasonable prospect of success.

Court Disposition

Application for permission to appeal adjourned; interim costs orders stayed pending further order.

Orders

  • Application adjourned to be heard as soon as possible on notice before two Lords Justices with appeal to follow if permission granted.
  • Time estimate of half a day.