Generay Ltd v Containerised Storage Company Ltd [2004] EWCA Civ 896 (30 June 2004)

Generay Ltd v Containerised Storage Company Ltd [2004] EWCA Civ 896 (30 June 2004)

Serious delays in compliance with appeal procedures, when not attributable to the applicant and adequately explained, do not justify refusal to reinstate or grant permission to appeal, especially where no relevant prejudice to the respondent is established.

Citation
[2004] EWCA Civ 896
Parties
Claimant/respondent: Generay Limited; Defendant/applicant: The Containerised Storage Company Limited
Jurisdiction
England and Wales
Judgment Date
30 June 2004
Procedural Posture
Civil Appeal / Application to Reinstate Permission to Appeal and for Permission to Appeal
Outcome
Application to reinstate permission to appeal granted; permission to appeal granted; permission to amend appellant's notice granted.
Legal Topics
Adverse Possession, Appeal Procedure, Reinstatement of Appeal, Delay and Prejudice
Civil Procedure Adverse Possession Appeal Procedure Reinstatement of Appeal Delay and Prejudice

Case Brief

Summary, issues, holding and outcome

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Parties

Generay Limited

Claimant/respondent

The Containerised Storage Company Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Application to Reinstate Permission to Appeal and for Permission to Appeal

Legal Issues

  1. 1 Whether the application for permission to appeal should be reinstated after being struck out for procedural non-compliance
  2. 2 Whether permission to appeal should be granted despite serious delays
  3. 3 Whether the respondent suffered relevant prejudice due to the delay

Ratio Decidendi

Serious delays in compliance with appeal procedures, when not attributable to the applicant and adequately explained, do not justify refusal to reinstate or grant permission to appeal, especially where no relevant prejudice to the respondent is established.

Court Disposition

Application to reinstate permission to appeal granted; permission to appeal granted; permission to amend appellant's notice granted.

Orders

  • Application for permission to appeal reinstated
  • Permission to appeal granted