Seven v Gossage & Ors

Seven v Gossage & Ors

The order of Blackburn J dismissing the claim was set aside because the claimant was not given a fair opportunity to show cause why the proceedings should not be struck out, and the application process was mishandled by the court office. The proceedings will be dismissed unless the claimant files an application to show cause within 21 days.

Parties
Claimant/appellant: Charles Seven; Defendants/respondents: Christopher Gossage & Ors
Jurisdiction
England and Wales
Judgment Date
02 May 2006
Procedural Posture
Civil Appeal / Permission to Appeal and Substantive Appeal From High Court Order
Outcome
Permission to appeal granted; appeal allowed in part; order of 12 August 2005 set aside; proceedings to be dismissed unless application to show cause is made within 21 days; application for injunction remitted to Chancery Division.
Legal Topics
Strike Out of Proceedings, Extension of Time, Injunctions, Compliance With Court Orders
Civil Procedure Strike Out of Proceedings Extension of Time Injunctions Compliance With Court Orders

Case Brief

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Parties

Charles Seven

Claimant/appellant

Christopher Gossage & Ors

Defendants/respondents

Procedural Posture

Civil Appeal / Permission to Appeal and Substantive Appeal From High Court Order

Legal Issues

  1. 1 Whether the claimant complied with the order of Pumfrey J dated 12 May 2005
  2. 2 Whether the order of Blackburn J dismissing the claim should stand
  3. 3 Whether the claimant is entitled to injunctions against the respondents

Ratio Decidendi

The order of Blackburn J dismissing the claim was set aside because the claimant was not given a fair opportunity to show cause why the proceedings should not be struck out, and the application process was mishandled by the court office. The proceedings will be dismissed unless the claimant files an application to show cause within 21 days.

Court Disposition

Permission to appeal granted; appeal allowed in part; order of 12 August 2005 set aside; proceedings to be dismissed unless application to show cause is made within 21 days; application for injunction remitted to Chancery Division.

Orders

  • Order of 12 August 2005 set aside.
  • Proceedings to be dismissed unless claimant files application to show cause within 21 days.