Hodge Jones & Allen (A Firm) v McLaughlin [2013] EWCA Civ 1898 (10 December 2013)

Hodge Jones & Allen (A Firm) v McLaughlin [2013] EWCA Civ 1898 (10 December 2013)

No sufficient grounds were established for an adjournment; the appellant had ample opportunity to prepare the appeal and failed to comply with court directions. The appeal was struck out due to persistent non-compliance and lack of progress.

Citation
[2013] EWCA Civ 1898
Parties
Respondent/claimant: Hodge Jones & Allen (A Firm); Appellant/defendant: Eileen McLaughlin (now Ms O'Shea)
Jurisdiction
England and Wales
Judgment Date
10 December 2013
Procedural Posture
Civil Appeal / Application for Adjournment of Appeal Hearing
Outcome
Appeal struck out; application for adjournment refused.
Legal Topics
Adjournment, Appeal Dismissal, Case Management, Professional Negligence, Solicitors' Fees
Civil Procedure Adjournment Appeal Dismissal Case Management Professional Negligence Solicitors' Fees

Case Brief

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Parties

Hodge Jones & Allen (A Firm)

Respondent/claimant

Eileen McLaughlin (now Ms O'Shea)

Appellant/defendant

Procedural Posture

Civil Appeal / Application for Adjournment of Appeal Hearing

Legal Issues

  1. 1 Whether sufficient grounds exist to grant an adjournment of the appeal hearing
  2. 2 Whether failure to comply with court directions justifies striking out the appeal

Ratio Decidendi

No sufficient grounds were established for an adjournment; the appellant had ample opportunity to prepare the appeal and failed to comply with court directions. The appeal was struck out due to persistent non-compliance and lack of progress.

Court Disposition

Appeal struck out; application for adjournment refused.

Orders

  • Application for adjournment refused.
  • Appeal dismissed/struck out.