Northamptonshire County Council v Daleman [2005] EWCA Civ 1465 (02 November 2005)

Northamptonshire County Council v Daleman [2005] EWCA Civ 1465 (02 November 2005)

The extension of time to appeal is granted due to the presence of serious issues for substantive consideration, particularly regarding the possible infringement of Article 6(3) ECHR rights arising from the appellant's lack of legal representation at the committal hearing.

Citation
[2005] EWCA Civ 1465
Parties
Claimant/respondent: Northamptonshire County Council; Defendant/appellant: John Daleman
Jurisdiction
England and Wales
Judgment Date
02 November 2005
Procedural Posture
Civil Appeal (committal Proceedings) / Application for Extension of Time to Appeal and Adjournment of Appeal
Outcome
Extension of time to appeal granted; appeal adjourned for hearing in January 2006; transcripts to be provided at public expense; costs reserved.
Legal Topics
Committal for Contempt, Right to Legal Representation, Article 6 ECHR, Extension of Time
Civil Procedure Human Rights Committal for Contempt Right to Legal Representation Article 6 ECHR Extension of Time

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Parties

Northamptonshire County Council

Claimant/respondent

John Daleman

Defendant/appellant

Procedural Posture

Civil Appeal (committal Proceedings) / Application for Extension of Time to Appeal and Adjournment of Appeal

Legal Issues

  1. 1 Whether Mr Daleman's rights under Article 6(3) ECHR were infringed due to lack of legal representation at committal hearing
  2. 2 Whether extension of time to appeal should be granted

Ratio Decidendi

The extension of time to appeal is granted due to the presence of serious issues for substantive consideration, particularly regarding the possible infringement of Article 6(3) ECHR rights arising from the appellant's lack of legal representation at the committal hearing.

Court Disposition

Extension of time to appeal granted; appeal adjourned for hearing in January 2006; transcripts to be provided at public expense; costs reserved.

Orders

  • Extension of time to appeal granted
  • Appeal adjourned and to be re-listed for hearing in January 2006