Gardner v Parker

Gardner v Parker

Permission to appeal to the House of Lords is refused. The appellant is ordered to pay the respondent's costs of the appeal, with a stay of execution conditional upon payment into court and timely lodging of an application for permission to appeal. No order as to costs for today's hearing as both parties were partly successful and unsuccessful.

Parties
Appellant: Gardner; Respondent: Parker
Jurisdiction
England and Wales
Judgment Date
16 July 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the House of Lords
Outcome
Application for permission to appeal refused; costs orders made; conditional stay granted.
Legal Topics
Costs, Appeals, Stay of Execution
Civil Procedure Costs Appeals Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gardner

Appellant

Parker

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the House of Lords

Legal Issues

  1. 1 Whether permission to appeal to the House of Lords should be granted
  2. 2 How costs of the appeal and today's hearing should be allocated
  3. 3 Whether a stay of execution should be granted pending further appeal

Ratio Decidendi

Permission to appeal to the House of Lords is refused. The appellant is ordered to pay the respondent's costs of the appeal, with a stay of execution conditional upon payment into court and timely lodging of an application for permission to appeal. No order as to costs for today's hearing as both parties were partly successful and unsuccessful.

Court Disposition

Application for permission to appeal refused; costs orders made; conditional stay granted.

Orders

  • Refusal of permission to appeal to the House of Lords
  • Appellant to pay respondent's costs of the appeal