Simou v Salliss & Ors

Simou v Salliss & Ors

The procedural irregularity in failing to rule on the first adjournment application did not cause injustice, as Mr Salliss was able to participate fully after his hospital visit. The second refusal was within the judge's discretion, given insufficient medical evidence and evidence of attempts to engineer an adjournment. The appeal was dismissed as no injustice resulted from the refusals.

Parties
Claimant/respondent: Terry Simou; Claimant/respondent: Christie Greenfield; Defendant/appellant: Michael Salliss; Defendant/appellant: Hazel Salliss
Jurisdiction
England and Wales
Judgment Date
28 April 2017
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Adjournment of Trial, Procedural Fairness, Boundary Disputes, Right of Way, Case Management
Civil Procedure Property Law Adjournment of Trial Procedural Fairness Boundary Disputes Right of Way Case Management

Case Brief

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Parties

Terry Simou

Claimant/respondent

Christie Greenfield

Claimant/respondent

Michael Salliss

Defendant/appellant

Hazel Salliss

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing two applications to adjourn the trial due to the ill health of the first defendant
  2. 2 Whether procedural irregularity caused injustice warranting a retrial

Ratio Decidendi

The procedural irregularity in failing to rule on the first adjournment application did not cause injustice, as Mr Salliss was able to participate fully after his hospital visit. The second refusal was within the judge's discretion, given insufficient medical evidence and evidence of attempts to engineer an adjournment. The appeal was dismissed as no injustice resulted from the refusals.

Court Disposition

Appeal dismissed

Orders

  • Judgment for claimants in both actions
  • No retrial ordered