Byatt v Browne [2001] EWCA Civ 2070 (17 December 2001)

Byatt v Browne [2001] EWCA Civ 2070 (17 December 2001)

The Chancery Division judge had no jurisdiction to set aside orders already affirmed on appeal to the High Court; there was no prospect of success in a further appeal, and refusal to adjourn was justified as the application was bound to fail.

Citation
[2001] EWCA Civ 2070
Parties
Claimant/respondent: Peter George Byatt; Defendant/appellant: Alfred Browne
Jurisdiction
England and Wales
Judgment Date
17 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal From a Chancery Division Order
Outcome
Application for permission to appeal refused
Legal Topics
Appeals, Jurisdiction, Adjournment, Bankruptcy Property, Transfer at Undervalue
Bankruptcy Civil Procedure Appeals Jurisdiction Adjournment Bankruptcy Property Transfer at Undervalue

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Parties

Peter George Byatt

Claimant/respondent

Alfred Browne

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal From a Chancery Division Order

Legal Issues

  1. 1 Whether the Chancery Division judge had jurisdiction to set aside orders already appealed to the High Court
  2. 2 Whether refusal to adjourn for legal representation was proper
  3. 3 Whether there was any prospect of success in a further appeal

Ratio Decidendi

The Chancery Division judge had no jurisdiction to set aside orders already affirmed on appeal to the High Court; there was no prospect of success in a further appeal, and refusal to adjourn was justified as the application was bound to fail.

Court Disposition

Application for permission to appeal refused

Orders

  • No order for costs
  • Transcript to be supplied to the applicants at public expense