Griffiths v Gourlay & Ors

Griffiths v Gourlay & Ors

There is a point of principle regarding partial severance which has a real prospect of success, justifying permission to appeal on the grounds set out in paragraph 24 of the grounds of appeal.

Parties
Applicant: Griffiths; Respondent: Gourlay & Ors
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted in part, refused in part
Legal Topics
Relief From Sanctions, Unless Orders, Particularisation of Defences, Permission to Appeal
Civil Procedure Relief From Sanctions Unless Orders Particularisation of Defences Permission to Appeal

Case Brief

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Parties

Griffiths

Applicant

Gourlay & Ors

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge failed to consider the third stage of the Denton test for relief from sanctions
  2. 2 Whether partial severance of relief against sanctions should have been considered
  3. 3 Whether permission to appeal should be granted on all grounds or limited grounds

Ratio Decidendi

There is a point of principle regarding partial severance which has a real prospect of success, justifying permission to appeal on the grounds set out in paragraph 24 of the grounds of appeal.

Court Disposition

Permission to appeal granted in part, refused in part

Orders

  • Permission to appeal granted on the grounds set out in paragraph 24 of the grounds of appeal
  • Permission to appeal refused in relation to all other grounds