Abouchitaa v El-Yamlahi [2001] EWCA Civ 1024 (20 June 2001)

Abouchitaa v El-Yamlahi [2001] EWCA Civ 1024 (20 June 2001)

Failure to comply with unless order regarding provision of approved note of judgment justifies dismissal of appeal with costs.

Citation
[2001] EWCA Civ 1024
Parties
Claimant/respondent: Abouchitaa; Defendant/applicant: El-Yamlahi
Jurisdiction
England and Wales
Judgment Date
20 June 2001
Procedural Posture
Appeal / Dismissal List; Post Committal Order
Outcome
Conditional dismissal of appeal with costs if note of judgment not received within seven days.
Legal Topics
Appeal Procedure, Committal Orders, Delay in Proceedings, Public Funding of Legal Costs
Civil Procedure Appeal Procedure Committal Orders Delay in Proceedings Public Funding of Legal Costs

Case Brief

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Parties

Abouchitaa

Claimant/respondent

El-Yamlahi

Defendant/applicant

Procedural Posture

Appeal / Dismissal List; Post Committal Order

Legal Issues

  1. 1 Delay in providing approved note of judgment
  2. 2 Compliance with unless order
  3. 3 Dismissal of appeal for non-compliance

Ratio Decidendi

Failure to comply with unless order regarding provision of approved note of judgment justifies dismissal of appeal with costs.

Court Disposition

Conditional dismissal of appeal with costs if note of judgment not received within seven days.

Orders

  • If the note of judgment is not received within seven days of the date of the seal on the order, the appeal shall be dismissed with costs without further order.
  • Judgment to be transcribed and provided to costs officer for determination of reasonableness of respondent's solicitor's costs.