Draycott Place RTM Company Ltd v Bordelais

Draycott Place RTM Company Ltd v Bordelais

The application for permission to appeal was refused as wholly without merit because the Appellant failed to comply with the order to provide the transcript in time, and there was no realistic prospect of success in arguing that Judge Saggerson's order superseded Judge Carr's order or that Judge Taylor erred in her conclusions.

Parties
Claimant/respondent: Draycott Place RTM Company Limited; Defendant/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
Application for permission to appeal out of time granted; application for permission to appeal refused as wholly without merit.
Legal Topics
Appeals, Relief From Sanctions, Default Judgment, Extension of Time
Civil Procedure Appeals Relief From Sanctions Default Judgment Extension of Time

Case Brief

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Parties

Draycott Place RTM Company Limited

Claimant/respondent

Mr Antoine Bordelais

Defendant/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether Judge Saggerson's order superseded Judge Carr's order of 22 August 2012
  2. 2 Whether Judge Taylor erred in not considering the substantive application for permission to appeal
  3. 3 Whether failure to provide transcript in time was fatal to the application

Ratio Decidendi

The application for permission to appeal was refused as wholly without merit because the Appellant failed to comply with the order to provide the transcript in time, and there was no realistic prospect of success in arguing that Judge Saggerson's order superseded Judge Carr's order or that Judge Taylor erred in her conclusions.

Court Disposition

Application for permission to appeal out of time granted; application for permission to appeal refused as wholly without merit.

Orders

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