Grizzy Business Ltd v Stena Drilling

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 to be unsupported by sufficient evidence or flawed, justifying permission to appeal.

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 Application (renewed) From High Court Judgment
Outcome: Permission to appeal granted
Legal Topics: Success Fee Agreements, Oral Contracts, Costs Orders, Permission to Appeal

Contract Law Civil Procedure Success Fee Agreements Oral Contracts Costs Orders Permission to Appeal

Case Brief

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Parties

Grizzy Business Ltd

Claimant/applicant

Stena Drilling

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal Application (renewed) From High Court Judgment

Legal Issues

1 Whether an oral agreement for a success fee was made during a telephone call on 30th November 2011
2 Whether the trial judge's findings of fact were supported by evidence and free from error
3 Whether the costs order against the first defendant was appropriate

Ratio Decidendi

Court Disposition

Permission to appeal granted

Orders

Permission to appeal granted on the principal question regarding the oral agreement and on the costs order issue.
Stay of judgment against the second defendant pending appeal, conditional on provision of £75,000 security for costs within 14 days.