Benson v Richards [2002] EWCA Civ 1410 (2 October 2002)

Benson v Richards [2002] EWCA Civ 1410 (2 October 2002)

The appeal is dismissed as there is no sufficient ground to overturn the lower court's decision. The application to commit the defendant is remitted to a High Court Judge in Birmingham for expedited hearing. Costs of the appeal are ordered against the Legal Services Commission, not the appellant, subject to the Commission's right to show cause.

Citation
[2002] EWCA Civ 1410
Parties
Respondent/claimant: Benson; Appellant/defendant: Richards (Samantha Richards)
Jurisdiction
England and Wales
Judgment Date
02 October 2002
Procedural Posture
Civil Appeal / Appeal From High Court (telford County Court) to Court of Appeal
Outcome
Appeal dismissed; application to commit remitted; costs order made against Legal Services Commission.
Legal Topics
Committal Proceedings, Costs Orders, Legal Aid, Adjournment Applications
Civil Procedure Committal Proceedings Costs Orders Legal Aid Adjournment Applications

Case Brief

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Parties

Benson

Respondent/claimant

Richards (Samantha Richards)

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (telford County Court) to Court of Appeal

Legal Issues

  1. 1 Whether the application to commit the defendant should be remitted to the High Court Judge in Birmingham
  2. 2 Whether the appeal against the committal application should be allowed
  3. 3 Whether an adjournment should be granted

Ratio Decidendi

The appeal is dismissed as there is no sufficient ground to overturn the lower court's decision. The application to commit the defendant is remitted to a High Court Judge in Birmingham for expedited hearing. Costs of the appeal are ordered against the Legal Services Commission, not the appellant, subject to the Commission's right to show cause.

Court Disposition

Appeal dismissed; application to commit remitted; costs order made against Legal Services Commission.

Orders

  • Application to commit the defendant remitted to a High Court Judge of the Chancery Division sitting at Birmingham on or after 21 October 2002.
  • Appeal of the defendant dismissed.