Keane v Green

Keane v Green

There was a compelling reason to grant permission for a second appeal because the claimant may have been misled by earlier judicial guidance, the claim had been properly particularised by the time of the appeal, and the judge's decision was arguably based on a misunderstanding of the procedural history.

Parties
Appellant/claimant: John Keane; Respondent/defendant: Robert Green (Trading as Robert C Green)
Jurisdiction
England and Wales
Judgment Date
13 January 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
permission to appeal granted
Legal Topics
Pleadings, Striking Out, Second Appeals, Particulars of Claim, Cause of Action
Civil Procedure Pleadings Striking Out Second Appeals Particulars of Claim Cause of Action

Case Brief

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Parties

John Keane

Appellant/claimant

Robert Green (Trading as Robert C Green)

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the claimant's original particulars of claim disclosed a civil cause of action or were fatally defective for pleading 'theft' rather than a recognised civil wrong.
  2. 2 Whether the district judge erred in striking out the claim for lack of a properly pleaded cause of action despite the claimant's reliance on earlier judicial guidance.
  3. 3 Whether there was a compelling reason to grant permission for a second appeal under Rule 52.13 of the Civil Procedure Rules.

Ratio Decidendi

There was a compelling reason to grant permission for a second appeal because the claimant may have been misled by earlier judicial guidance, the claim had been properly particularised by the time of the appeal, and the judge's decision was arguably based on a misunderstanding of the procedural history.

Court Disposition

permission to appeal granted

Orders

  • Application allowed; permission for second appeal granted.
  • Costs reserved to the court that hears the appeal.