Cooper v Royal British Legion [2004] EW Misc 3 (NICty) (17 February 2004)

Cooper v Royal British Legion [2004] EW Misc 3 (NICty) (17 February 2004)

A county court judge does not have jurisdiction to entertain an appeal from an interlocutory order made by a district judge in a small claim, as such orders are not 'awards' and Order 14 does not apply to small claims procedures governed by Order 26.

Citation
[2004] EW Misc 3 (NICty)
Parties
Applicant/respondent: Colin Cooper; Respondent/appellant: Royal British Legion
Jurisdiction
England and Wales
Judgment Date
17 February 2004
Procedural Posture
Small Claims Appeal / Appeal Against Interlocutory Order
Outcome
Appeal dismissed
Legal Topics
Small Claims, Appeals, Jurisdiction, Discovery
Civil Procedure Small Claims Appeals Jurisdiction Discovery

Case Brief

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Parties

Colin Cooper

Applicant/respondent

Royal British Legion

Respondent/appellant

Procedural Posture

Small Claims Appeal / Appeal Against Interlocutory Order

Legal Issues

  1. 1 Whether a county court judge has jurisdiction to entertain an appeal from an interlocutory order made by a district judge in a small claim
  2. 2 Whether Order 14(1)(1)(f) of the County Court Rules applies to small claims interlocutory orders
  3. 3 Whether the orders for mutual and specific discovery were within the district judge's powers

Ratio Decidendi

A county court judge does not have jurisdiction to entertain an appeal from an interlocutory order made by a district judge in a small claim, as such orders are not 'awards' and Order 14 does not apply to small claims procedures governed by Order 26.

Court Disposition

Appeal dismissed

Orders

  • Appeal against District Judge Wells' orders dismissed