header-logo header-logo

An uphill struggle

19 May 2017 / Rebecca Copcutt , Robert Wheal
Issue: 7746 / Categories: Features , Procedure & practice
printer mail-detail
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 in Re W (a child) [2016] EWCA Civ 1140, [2016]

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll