Stalham Engineering Ltd v Horner & Anor [2001] EWCA Civ 1586 (18 October 2001)

Stalham Engineering Ltd v Horner & Anor [2001] EWCA Civ 1586 (18 October 2001)

The application to extend the grounds of appeal is refused due to substantial delay, lack of explanation for the delay, and the need for finality in litigation. Even if the court has jurisdiction to extend the grounds, discretion should not be exercised in favour of the appellant in these circumstances.

Citation
[2001] EWCA Civ 1586
Parties
Claimant/appellant: Stalham Engineering Limited; Defendant/respondent: Michael Horner; Defendant/respondent: Philip Horner (trading as F & H Contractors)
Jurisdiction
England and Wales
Judgment Date
18 October 2001
Procedural Posture
Civil Appeal / Application to Extend Grounds of Appeal in the Court of Appeal
Outcome
Application to extend grounds of appeal refused; appeal withdrawn
Legal Topics
Appeals, Case Management, Extension of Grounds of Appeal, Finality in Litigation
Civil Procedure Appeals Case Management Extension of Grounds of Appeal Finality in Litigation

Case Brief

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Parties

Stalham Engineering Limited

Claimant/appellant

Michael Horner

Defendant/respondent

Philip Horner (trading as F & H Contractors)

Defendant/respondent

Procedural Posture

Civil Appeal / Application to Extend Grounds of Appeal in the Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal should permit the appellant to extend the grounds of appeal to include a ground previously refused permission
  2. 2 Whether delay and lack of explanation justify refusal to extend grounds

Ratio Decidendi

The application to extend the grounds of appeal is refused due to substantial delay, lack of explanation for the delay, and the need for finality in litigation. Even if the court has jurisdiction to extend the grounds, discretion should not be exercised in favour of the appellant in these circumstances.

Court Disposition

Application to extend grounds of appeal refused; appeal withdrawn

Orders

  • Application to extend grounds of appeal refused
  • Appeal withdrawn