Markos v Goodfellow & Ors [2001] EWCA Civ 2031 (30 November 2001)

Markos v Goodfellow & Ors [2001] EWCA Civ 2031 (30 November 2001)

The prohibition on further appeal under CPR PD 52 para 4.8 does not apply where, in substance, the judge has determined the appeal rather than merely refusing permission. The slip rule cannot be used to correct a substantive misdirection in law. Permission to appeal against Deputy Master di Mambro's order is confirmed.

Citation
[2001] EWCA Civ 2031
Parties
Claimant: Mrs Markos; Defendant: Goodfellow & Ors
Jurisdiction
England and Wales
Judgment Date
30 November 2001
Procedural Posture
Civil Appeal / Permission to Appeal and Procedural Directions Following Deputy Master Di Mambro's Order
Outcome
Permission to appeal against Deputy Master di Mambro's order confirmed; costs reserved to the appeal; stay of enforcement of costs order reaffirmed.
Legal Topics
Appeals, Jurisdiction, Adverse Possession, Boundary Disputes, Slip Rule, Costs
Civil Procedure Property Law Appeals Jurisdiction Adverse Possession Boundary Disputes Slip Rule Costs

Case Brief

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Parties

Mrs Markos

Claimant

Goodfellow & Ors

Defendant

Procedural Posture

Civil Appeal / Permission to Appeal and Procedural Directions Following Deputy Master Di Mambro's Order

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant permission to appeal following Deputy Master di Mambro's order
  2. 2 Whether the slip rule (CPR 40.12) was appropriately applied to correct the County Court judgment
  3. 3 Whether the prohibition in paragraph 4.8 of the Practice Direction to CPR Part 52 bars a further appeal in substance

Ratio Decidendi

The prohibition on further appeal under CPR PD 52 para 4.8 does not apply where, in substance, the judge has determined the appeal rather than merely refusing permission. The slip rule cannot be used to correct a substantive misdirection in law. Permission to appeal against Deputy Master di Mambro's order is confirmed.

Court Disposition

Permission to appeal against Deputy Master di Mambro's order confirmed; costs reserved to the appeal; stay of enforcement of costs order reaffirmed.

Orders

  • Permission to appeal against Deputy Master di Mambro's order confirmed.
  • Costs of today's hearing reserved to the appeal.