Scott v Newton & Anor [2002] EWCA Civ 1743 (8 November 2002)

Scott v Newton & Anor [2002] EWCA Civ 1743 (8 November 2002)

The applicant had no good reason for not attending trial, was not ready for trial, and had no reasonable prospect of success on the claim or defence to counterclaim. No compelling reason or serious injustice was shown to justify a second appeal.

Citation
[2002] EWCA Civ 1743
Parties
Claimant/applicant: Bruce Scott; Defendant/respondent: John Newton; Defendant/respondent: Janet Dawn Newton
Jurisdiction
England and Wales
Judgment Date
08 November 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal) to Court of Appeal
Outcome
Application dismissed
Legal Topics
Adjournment of Trial, Failure to Attend Trial, Summary Judgment, Counterclaim, Contractual Warranties
Civil Procedure Contract Law Adjournment of Trial Failure to Attend Trial Summary Judgment Counterclaim Contractual Warranties

Case Brief

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Parties

Bruce Scott

Claimant/applicant

John Newton

Defendant/respondent

Janet Dawn Newton

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal) to Court of Appeal

Legal Issues

  1. 1 Whether refusal to adjourn the trial was proportionate
  2. 2 Whether the applicant had a good reason for not attending trial
  3. 3 Whether the applicant had a reasonable prospect of success on claim or defence to counterclaim

Ratio Decidendi

The applicant had no good reason for not attending trial, was not ready for trial, and had no reasonable prospect of success on the claim or defence to counterclaim. No compelling reason or serious injustice was shown to justify a second appeal.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs summarily assessed at £7,250.49
  • Condition imposed that any application for rehearing requires payment of the counterclaim