Benson v Richards [2002] EWCA Civ 1276 (5 September 2002)

Benson v Richards [2002] EWCA Civ 1276 (5 September 2002)

The appeal hearing must be adjourned to avoid injustice to the defendant, who is unable to attend or instruct solicitors due to medical reasons, and because the appeal papers are not in a satisfactory state. However, strict deadlines are imposed to ensure the appeal proceeds without further delay.

Source-derived case information.

Citation
[2002] EWCA Civ 1276
Parties
Claimant/respondent: Anthony Francis Riou Benson; Defendant/appellant: Samantha Jane Richards
Jurisdiction
England and Wales
Judgment Date
05 September 2002
Procedural Posture
Civil Appeal / Application for Adjournment of Appeal Hearing
Outcome
Application for adjournment granted with conditions
Legal Topics
Adjournment of Hearing, Committal for Contempt, Enforcement of Court Orders
Civil Procedure Contempt of Court Adjournment of Hearing Committal for Contempt Enforcement of Court Orders

Source-derived case record

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Parties

Anthony Francis Riou Benson

Claimant/respondent

Samantha Jane Richards

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Adjournment of Appeal Hearing

Legal Issues

  1. 1 Whether the appeal hearing should be adjourned due to the defendant's inability to instruct solicitors and medical condition
  2. 2 Whether conditions should be imposed on the adjournment, including a deadline for removal of the fence

Ratio Decidendi

The appeal hearing must be adjourned to avoid injustice to the defendant, who is unable to attend or instruct solicitors due to medical reasons, and because the appeal papers are not in a satisfactory state. However, strict deadlines are imposed to ensure the appeal proceeds without further delay.

Court Disposition

Application for adjournment granted with conditions

Orders

  • Appeal hearing adjourned to 2nd October 2002
  • All documents for the appeal to be filed and served by 4:00 p.m. on 24th September 2002