Smith & Anor v Hughes & Anor [2002] EWCA Civ 492 (25 March 2002)

Smith & Anor v Hughes & Anor [2002] EWCA Civ 492 (25 March 2002)

The application for permission to appeal was dismissed due to substantial delay in making the application and the applicant's failure to attend or provide explanation.

Citation
[2002] EWCA Civ 492
Parties
Claimant/applicant: Smith & Anr; Defendants/respondents: Hughes & Anr
Jurisdiction
England and Wales
Judgment Date
25 March 2002
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Civil Division
Outcome
Application dismissed for want of prosecution
Legal Topics
Appeal, Dismissal for Want of Prosecution, Delay in Application
Civil Procedure Appeal Dismissal for Want of Prosecution Delay in Application

Case Brief

Summary, issues, holding and outcome

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Parties

Smith & Anr

Claimant/applicant

Hughes & Anr

Defendants/respondents

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Civil Division

Legal Issues

  1. 1 Whether permission to appeal should be granted despite substantial delay
  2. 2 Whether absence of applicant at hearing justifies dismissal

Ratio Decidendi

The application for permission to appeal was dismissed due to substantial delay in making the application and the applicant's failure to attend or provide explanation.

Court Disposition

Application dismissed for want of prosecution

Orders

  • Application dismissed