DMR v IX & Ors

DMR v IX & Ors

Extension of time granted as delay was excusable given the circumstances; permission to appeal granted due to the important legal question raised by the claimant's death shortly after the consent order, warranting full argument before the Full Court.

Parties
Respondent/claimant: DMR (Donna Rae); Applicant/defendant: IX & ORS
Jurisdiction
England and Wales
Judgment Date
14 January 2020
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal
Outcome
Extension of time granted; permission to appeal granted; costs in the appeal.
Legal Topics
Finality of Consent Orders, Fresh Evidence on Appeal, Quantum of Damages, Life Expectancy in Damages Assessment
Civil Procedure Personal Injury Finality of Consent Orders Fresh Evidence on Appeal Quantum of Damages Life Expectancy in Damages Assessment

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Parties

DMR (Donna Rae)

Respondent/claimant

IX & ORS

Applicant/defendant

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether extension of time for appeal should be granted
  2. 2 Whether permission to appeal should be granted based on supervening event (death of claimant)
  3. 3 Whether a final consent order can be challenged due to subsequent death

Ratio Decidendi

Extension of time granted as delay was excusable given the circumstances; permission to appeal granted due to the important legal question raised by the claimant's death shortly after the consent order, warranting full argument before the Full Court.

Court Disposition

Extension of time granted; permission to appeal granted; costs in the appeal.

Orders

  • Extension of time for appeal granted
  • Permission to appeal granted