Grizzy Business Ltd v Stena Drilling [2015] EWCA Civ 867 (01 July 2015)

Grizzy Business Ltd v Stena Drilling [2015] EWCA Civ 867 (01 July 2015)

There is a realistic prospect that the Full Court may find the trial judge's findings of fact regarding the oral agreement and the costs order were flawed or unsupported by sufficient evidence, justifying permission to appeal.

Citation
[2015] EWCA Civ 867
Parties
Claimant/applicant: Grizzy Business Ltd; Defendant/respondent: Stena Drilling
Jurisdiction
England and Wales
Judgment Date
01 July 2015
Procedural Posture
Civil Appeal / Permission to Appeal From High Court Judgment; Renewed Application After Refusal on Paper
Outcome
Permission to appeal granted on both the principal question of the oral agreement and the costs order; stay of judgment pending appeal, conditional on provision of security for costs.
Legal Topics
Success Fee Agreements, Oral Contracts, Costs Orders, Appellate Review of Findings of Fact
Contract Law Commercial Law Success Fee Agreements Oral Contracts Costs Orders Appellate Review of Findings of Fact

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Parties

Grizzy Business Ltd

Claimant/applicant

Stena Drilling

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal From High Court Judgment; Renewed Application After Refusal on Paper

Legal Issues

  1. 1 Whether an oral agreement for a success fee was made during a telephone call on 30 November 2011
  2. 2 Whether the High Court judge's findings of fact were supported by sufficient evidence
  3. 3 Whether the costs order against the first defendant was appropriate

Ratio Decidendi

There is a realistic prospect that the Full Court may find the trial judge's findings of fact regarding the oral agreement and the costs order were flawed or unsupported by sufficient evidence, justifying permission to appeal.

Court Disposition

Permission to appeal granted on both the principal question of the oral agreement and the costs order; stay of judgment pending appeal, conditional on provision of security for costs.

Orders

  • Permission to appeal granted on the issue of the oral agreement for a success fee.
  • Permission to appeal granted on the costs order against the first defendant.