Success in the Court of Appeal for Andrew Granville Stafford

Judgment has been handed down today in Orji v Nagra in which Andrew Granville Stafford represented the successful appellants. In hearings before a District Judge and a Circuit Judge (at which Andrew did not appear), it had been found that the appellants breached the rule in Henderson v Henderson and their claim was struck out. Andrew, who is head of Civil Litigation at 4KBW, was instructed to draft grounds of appeal and argue the case before the Court of Appeal.  Permission for a second appeal was given on the basis that the grounds raised a point of some general importance. The Court of Appeal agreed with Andrew’s argument that the Henderson rule did not apply to claims where there had not yet, and could not yet have been, a judicial determination. Therefore, the judges below had been wrong to strike out the claim. The judgment is available at https://www.bailii.org/ew/cases/EWCA/Civ/2023/1289.html .