header-logo header-logo

19 May 2017 / Rebecca Copcutt , Robert Wheal
Issue: 7746 / Categories: Features , Procedure & practice
printer mail-detail

An uphill struggle

nlj_7746_wheal

Non-party appellants must show that their legal & equitable rights, not simply their reputation, have been affected by adverse judicial comment, explain Robert Wheal & Rebecca Copcutt

The recent decision in Gray v Boreh [2017] EWCA Civ 56 concerns the rights of individuals who did not bring or defend an action, but are nonetheless unhappy with the outcome. In many cases, this is because as part of the decision those individuals may have been the subject of adverse judicial comment which they wish to overturn.

Such persons who are not ‘full parties’ or ‘intervenors’, but who instead have been adversely affected by a judgment or court order, do have some standing and their predicament has been the subject of a number of decisions. For example, MA Holdings Ltd v George Wimpey UK Ltd and Tewkesbury Borough Council [2008] EWCA Civ 12, [2008] 3 All ER 859 established that non-parties could appeal because they fell firmly within the CPR’s definition of ‘appellant’ on the basis of the plain and ordinary meaning of the rules. More recently

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll