Kirk v Spratley & Anor [2001] EWCA Civ 689 (10 May 2001)

Extension of time for appealing and permission to appeal granted due to reasonable excuse for delay and concerns about the clarity and appropriateness of the committal order, particularly regarding the mechanism for enforcement and the expiry of the original order.

Citation: [2001] EWCA Civ 689
Parties: Claimant/respondent: Lynette Kirk; Defendant/applicant: Margaret Spratley; Defendant/applicant: Donna Bianca
Jurisdiction: England and Wales
Judgment Date: 10 May 2001
Procedural Posture: Civil Appeal / Application for Extension of Time and Permission to Appeal Order for Committal
Outcome: Extension of time and permission to appeal granted; committal order suspended pending appeal; costs reserved.
Legal Topics: Committal Orders, Suspension of Orders, Extension of Time, Appeal Procedure

Civil Procedure Contempt of Court Committal Orders Suspension of Orders Extension of Time Appeal Procedure

Case Brief

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Parties

Lynette Kirk

Claimant/respondent

Margaret Spratley

Defendant/applicant

Donna Bianca

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal Order for Committal

Legal Issues

1 Whether to grant extension of time for appealing against committal order
2 Whether the form of the committal order was appropriate
3 Whether the original order had expired and the effect of any attempted extension

Ratio Decidendi

Court Disposition

Extension of time and permission to appeal granted; committal order suspended pending appeal; costs reserved.

Orders

Extension of time for appealing granted
Permission to appeal committal order granted