Hutcheson v Popdog Ltd & Anor
Permission to appeal is refused because the appeal is academic as between the parties, the issues are not of outstanding public importance, the respondent opposes and would be prejudiced on costs, and the prospect of varying the costs order is too uncertain to justify permission.
- Parties
- Appellant: Christopher Hutcheson; Respondent: Popdog Limited; Additional Party: News Group Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 19 December 2011
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- permission to appeal refused
- Legal Topics
- Interim Injunctions, Non Disclosure Orders, Costs, Academic Appeals, Spycatcher Principle
Case Brief
Summary, issues, holding and outcome
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Parties
Christopher Hutcheson
Appellant
Popdog Limited
Respondent
News Group Newspapers Limited
Additional Party
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether permission to appeal should be granted where the appeal is academic as between the parties
- 2 Whether an interim injunction continues to bind third parties after settlement between the original parties
- 3 Whether the decision in Jockey Club v Buffham [2003] QB 462 is correct regarding the binding effect of final injunctions on third parties
Ratio Decidendi
Permission to appeal is refused because the appeal is academic as between the parties, the issues are not of outstanding public importance, the respondent opposes and would be prejudiced on costs, and the prospect of varying the costs order is too uncertain to justify permission.
Court Disposition
permission to appeal refused
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