Heather v Griffiths [2004] EWCA Civ 1003 (09 July 2004)

Heather v Griffiths [2004] EWCA Civ 1003 (09 July 2004)

Permission to appeal was granted because there was a real prospect of success on the argument that the judge's use of the slip rule to reduce the damages after the order was sealed may have exceeded the power conferred by CPR 40.12. Both orders were set aside and the matter remitted for proper assessment of damages, taking into account the settlement payment.

Citation
[2004] EWCA Civ 1003
Parties
Applicant/claimant: James Norton Heather; Respondent/defendant: George Terence Griffiths
Jurisdiction
England and Wales
Judgment Date
09 July 2004
Procedural Posture
Civil Appeal / Permission to Appeal and Substantive Appeal From County Court Orders
Outcome
Appeals allowed; orders set aside; case remitted for re-hearing.
Legal Topics
Slip Rule (cpr 40.12), Correction of Judgments, Damages Assessment, Settlement Credits, Appeal Procedure
Contract Law Civil Procedure Slip Rule (cpr 40.12) Correction of Judgments Damages Assessment Settlement Credits Appeal Procedure

Case Brief

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Parties

James Norton Heather

Applicant/claimant

George Terence Griffiths

Respondent/defendant

Procedural Posture

Civil Appeal / Permission to Appeal and Substantive Appeal From County Court Orders

Legal Issues

  1. 1 Whether the county court judge had power under CPR 40.12 (slip rule) to correct the damages order after it was sealed
  2. 2 Whether the damages awarded should have taken into account the £15,000 settlement already received by the claimant
  3. 3 Whether the assessment of damages for loss of shares was correct

Ratio Decidendi

Permission to appeal was granted because there was a real prospect of success on the argument that the judge's use of the slip rule to reduce the damages after the order was sealed may have exceeded the power conferred by CPR 40.12. Both orders were set aside and the matter remitted for proper assessment of damages, taking into account the settlement payment.

Court Disposition

Appeals allowed; orders set aside; case remitted for re-hearing.

Orders

  • Permission to appeal against the orders of 2nd October 2003 and 9th October 2003 granted.
  • Appeals allowed; orders of 2nd October 2003 and 9th October 2003 set aside.