If G-A1 succeeds, cascade is automatic. Cohen SJ collapses.
Orders founded on void MHCM orders are themselves void. The DDJ Wood order (Day 9) validated a late Defence; Cohen's summary judgment was founded on that Defence. The entire chain collapses.
MacFoy v United Africa Co Ltd [1962] AC 152 (PC)
What the opponent will argue, and why they are wrong.
Even if DDJ Wood's order is void, Cohen's summary judgment was an independent decision on the merits.
Cohen's SJ was founded on a Defence that DDJ Wood's void order retrospectively validated. Without that validation, the Defence was 27 days late with no CPR 3.9 relief. The Defence requires regularisation under the Denton framework (no CPR 3.9 relief was sought or granted). MacFoy: 'You cannot put something on nothing.' The entire chain collapses.
The cascade principle has limits. Courts can exercise independent jurisdiction at each stage.
MacFoy is Privy Council authority. The chain is not a series of independent decisions but a sequence of dependencies. Cohen's order expressly referred to the DDJ Wood order. The Defence was only valid because DDJ Wood validated it retrospectively. Remove the foundation and the structure falls. Craig v Kanssen: void orders can be challenged at any time.
Official government-issued certificate. Statutory instrument. Not arguable.
Timestamp is objective. Deadline was 27.09.2024. 27 days late.
DDJ Wood validated the late Defence on MHCM Day 9. That validation is void. Cohen's SJ was founded on the validated Defence. The entire chain collapses.
Fallback: Attack Cohen SJ directly on its merits rather than derivative void.
Independence: Partially dependent on other grounds succeeding.
| Date | Judge | Type | Status |
|---|---|---|---|
| 19 August 2025 | Recorder Cohen KC | Summary Judgment Order | VOID |
| 19 August 2025 | Recorder Cohen KC | N460 Permission Refusal / TWM on PTA | VOID |
| 6 January 2025 | DDJ Wood | Unless Order / Costs Order | VOID |
| 4 December 2024 | ICC Judge Prentis | Rescission Refusal | DERIVATIVE NULLITY |