Generay Ltd v Containerised Storage Company Ltd

Serious delays occurred but were not the applicant's fault; the delays are satisfactorily explained and did not cause relevant prejudice to the respondent. The application for permission to appeal should be reinstated and permission granted.

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, Relief From Sanctions, Delay and Prejudice

Civil Procedure Adverse Possession Appeal Procedure Relief From Sanctions 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 Whether the application for permission to appeal should be reinstated after being struck out for procedural non-compliance
2 Whether permission to appeal should be granted despite serious delays
3 Whether the delay prejudiced the respondent

Ratio Decidendi

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 to Containerised Storage Company Limited.