Perotti v Collyer-Bristow (A Firm) (No 2) [2004] EWCA Civ 1019 (27 July 2004)

Perotti v Collyer-Bristow (A Firm) (No 2) [2004] EWCA Civ 1019 (27 July 2004)

The appellant does not have an absolute right to an oral hearing in the Court of Appeal, and the court may make corrections to the judgment text and lift the stay on the sale of the appellant's property.

Citation
[2004] EWCA Civ 1019
Parties
Claimant/appellant: Angelo Perotti; Defendants/respondents: Collyer-Bristow (A Firm) (No 2)
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Appeal / Post Judgment Directions and Corrections
Outcome
Order for corrections to judgment text and lifting of stay on sale of property; previous order to be drawn up and sealed.
Legal Topics
Abuse of Process, Right of Access to Court, Oral Hearing, Correction of Judgment
Civil Procedure Human Rights Abuse of Process Right of Access to Court Oral Hearing Correction of Judgment

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Parties

Angelo Perotti

Claimant/appellant

Collyer-Bristow (A Firm) (No 2)

Defendants/respondents

Procedural Posture

Appeal / Post Judgment Directions and Corrections

Legal Issues

  1. 1 Whether the appellant has an absolute right to an oral hearing in the Court of Appeal under Article 6(1) ECHR or common law
  2. 2 Whether the court should make corrections to the judgment text
  3. 3 Whether the stay on the sale of the appellant's property should continue

Ratio Decidendi

The appellant does not have an absolute right to an oral hearing in the Court of Appeal, and the court may make corrections to the judgment text and lift the stay on the sale of the appellant's property.

Court Disposition

Order for corrections to judgment text and lifting of stay on sale of property; previous order to be drawn up and sealed.

Orders

  • Corrections to specified paragraphs of the judgment text
  • Stay on sale of appellant's property lifted