Gregory v Baldwin & Anor

The appeal was disposed of by consent, without a contested determination of the underlying issues. The Court of Appeal substituted a judgment figure of £150,000, required credit for benefits of £6,966.95, and made consequential costs orders. It also directed Community Legal Service assessment under regulation 107 of the Civil Legal Aid (General) Regulations 1989. The judgment records agreed procedural and financial orders rather than a substantive ratio.

Gregory v Baldwin & Anor was an appeal from Preston County Court, where His Honour Judge Appleton had made an order dated 21 March 2000. Neither party attended or was represented. The Court of Appeal was informed that the matter had effectively been settled and received a faxed consent order. The central issue was therefore the appropriate terms on which the appeal should be disposed of by consent.

The Court of Appeal made an order by consent. It did not determine the underlying merits of the dispute or give substantive reasons on the issues raised by the appeal.

1. The judgment figure in the order of 21 March 2000 was substituted with a figure of £150,000.
2. The claimant was required to give credit for benefits received in the sum of £6,966.95.
3. The defendants were ordered to pay the claimant’s costs of the action, including the costs of the appeal, with detailed assessment if not agreed.
4. The claimant’s costs were to be assessed by the Community Legal Service pursuant to regulation 107 of the Civil Legal Aid (General) Regulations 1989.

The appeal was accordingly disposed of in accordance with the agreed consent terms.

• Court of Appeal (Civil Division): the appeal was disposed of by consent on the terms set out in the order.
• Preston County Court: an original judgment order was made on 21 March 2000; no citation is stated in the judgment.