Osuji v Holmes & Ors

Osuji v Holmes & Ors

There is an unresolved point of principle regarding whether permission to discontinue is required when an injunction is obtained in the High Court but proceedings are commenced in the county court, and the terms of the injunction do not specify the forum; permission to appeal is granted to resolve this issue.

Parties
Appellant: Osuji; Respondents: Holmes & Others
Jurisdiction
England and Wales
Judgment Date
11 October 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Discontinuance, Interim Injunctions, Costs
Civil Procedure Discontinuance Interim Injunctions Costs

Case Brief

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Parties

Osuji

Appellant

Holmes & Others

Respondents

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to discontinue proceedings is required under CPR 38.2(2)(a) when an injunction was obtained in the High Court but proceedings were commenced in the county court
  2. 2 Validity of default costs certificate issued after purported discontinuance without court permission

Ratio Decidendi

There is an unresolved point of principle regarding whether permission to discontinue is required when an injunction is obtained in the High Court but proceedings are commenced in the county court, and the terms of the injunction do not specify the forum; permission to appeal is granted to resolve this issue.

Court Disposition

permission to appeal granted

Orders

  • application for permission to appeal is granted