Smith & Anor v Hughes & Anor [2002] EWCA Civ 531 (10 April 2002)

Smith & Anor v Hughes & Anor [2002] EWCA Civ 531 (10 April 2002)

The application was refused because it was made significantly out of time without sufficient justification, and there was no evidence of judicial bias or error in the assessment of damages by the trial judge.

Citation
[2002] EWCA Civ 531
Parties
Claimant/respondent: Geoffrey Paul Smith; Claimant/respondent: Sharon Staines Smith; Defendant/applicant: Stephen Anthony Hughes; Defendant/applicant: Teresa Pam Hughes
Jurisdiction
England and Wales
Judgment Date
10 April 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Appeal Out of Time, Condition of Leased Property, Judicial Bias, Assessment of Damages
Civil Procedure Landlord and Tenant Appeal Out of Time Condition of Leased Property Judicial Bias Assessment of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Geoffrey Paul Smith

Claimant/respondent

Sharon Staines Smith

Claimant/respondent

Stephen Anthony Hughes

Defendant/applicant

Teresa Pam Hughes

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted out of time
  2. 2 Whether the trial judge was biased or acted improperly
  3. 3 Whether damages were properly assessed

Ratio Decidendi

The application was refused because it was made significantly out of time without sufficient justification, and there was no evidence of judicial bias or error in the assessment of damages by the trial judge.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused