Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

The Appellant failed to comply with the order requiring timely provision of a transcript, resulting in automatic dismissal of his application for permission to appeal. There was no realistic prospect of success in arguing that Judge Taylor erred regarding Judge Saggerson's awareness of the earlier order, nor that the Respondent's letters would have altered the outcome. The application for permission to appeal was wholly without merit.

Citation
[2013] EWHC 1949
Parties
Claimant and Respondent: Draycott Place RTM Company Limited; Defendant and Appellant: Mr Antoine Bordelais
Jurisdiction
England and Wales
Judgment Date
10 July 2013
Procedural Posture
Civil Appeal / Application for Permission to Appeal Out of Time and to Adduce Further Evidence
Outcome
Permission to appeal out of time granted; permission to appeal refused as wholly without merit; other applications and stay fell away.
Legal Topics
Appeals, Relief From Sanctions, Default Judgment, Permission to Appeal, Compliance With Court Orders
Civil Procedure Appeals Relief From Sanctions Default Judgment Permission to Appeal Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Draycott Place RTM Company Limited

Claimant and Respondent

Mr Antoine Bordelais

Defendant and Appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Out of Time and to Adduce Further Evidence

Legal Issues

  1. 1 Whether Judge Taylor erred in concluding Judge Saggerson was unaware of Judge Carr's earlier order
  2. 2 Whether Judge Taylor should have considered the substantive application for permission to appeal against the order of 11 July 2012

Ratio Decidendi

The Appellant failed to comply with the order requiring timely provision of a transcript, resulting in automatic dismissal of his application for permission to appeal. There was no realistic prospect of success in arguing that Judge Taylor erred regarding Judge Saggerson's awareness of the earlier order, nor that the Respondent's letters would have altered the outcome. The application for permission to appeal was wholly without merit.

Court Disposition

Permission to appeal out of time granted; permission to appeal refused as wholly without merit; other applications and stay fell away.

Orders

  • Application for permission to appeal out of time granted
  • Application for permission to appeal refused