Bentley v Jones Harris & Company [2001] EWCA Civ 1678 (2 November 2001)

Bentley v Jones Harris & Company [2001] EWCA Civ 1678 (2 November 2001)

The application to expand the grounds of appeal was refused because it was made too late, the issues were discrete and had been adequately addressed by the judge below, and proper notice had not been given as required by procedural rules.

Citation
[2001] EWCA Civ 1678
Parties
Claimant/applicant/appellant: Michael Bentley; Defendants/respondents: Jones Harris & Company
Jurisdiction
England and Wales
Judgment Date
02 November 2001
Procedural Posture
Civil Appeal / Application to Expand Grounds of Appeal at Court of Appeal
Outcome
Application dismissed
Legal Topics
Appeal Procedure, Expansion of Grounds of Appeal, Practice Direction to CPR Part 52
Civil Procedure Appeal Procedure Expansion of Grounds of Appeal Practice Direction to CPR Part 52

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Bentley

Claimant/applicant/appellant

Jones Harris & Company

Defendants/respondents

Procedural Posture

Civil Appeal / Application to Expand Grounds of Appeal at Court of Appeal

Legal Issues

  1. 1 Whether the appellant should be permitted to expand the grounds of appeal beyond those for which permission was granted

Ratio Decidendi

The application to expand the grounds of appeal was refused because it was made too late, the issues were discrete and had been adequately addressed by the judge below, and proper notice had not been given as required by procedural rules.

Court Disposition

Application dismissed

Orders

  • Application to expand grounds of appeal refused