Stein v Stein [2002] EWCA Civ 1609 (1 November 2002)

Stein v Stein [2002] EWCA Civ 1609 (1 November 2002)

Adjournment refused as applicant's ill-health, though genuine, cannot justify further delay in winding up the estate; possession order and estate sale must proceed to ensure clarity and finality.

Citation
[2002] EWCA Civ 1609
Parties
Claimant/respondent: Phillip Charles Stein; Defendant/applicant: Anita Deborah Stein
Jurisdiction
England and Wales
Judgment Date
01 November 2002
Procedural Posture
Appeal From High Court Chancery Division / Permission to Appeal and Applications to Adjourn
Outcome
Applications refused; permission to appeal denied.
Legal Topics
Adjournment, Possession Order, Estate Administration, Litigant in Person, Medical Grounds for Adjournment
Civil Procedure Probate Property Law Adjournment Possession Order Estate Administration Litigant in Person Medical Grounds for Adjournment

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Parties

Phillip Charles Stein

Claimant/respondent

Anita Deborah Stein

Defendant/applicant

Procedural Posture

Appeal From High Court Chancery Division / Permission to Appeal and Applications to Adjourn

Legal Issues

  1. 1 Whether adjournment should be granted on medical grounds
  2. 2 Whether orders for possession and estate administration should be set aside

Ratio Decidendi

Adjournment refused as applicant's ill-health, though genuine, cannot justify further delay in winding up the estate; possession order and estate sale must proceed to ensure clarity and finality.

Court Disposition

Applications refused; permission to appeal denied.

Orders

  • Copies of transcribed judgment to be sent to both parties at public expense.