Sunrise Radio Ltd v Sharma [2001] EWCA Civ 1312 (31 July 2001)

Sunrise Radio Ltd v Sharma [2001] EWCA Civ 1312 (31 July 2001)

The judge exercised his discretion properly under the statutory provision, considered all relevant factors including the applicant's financial situation, and there was no basis for appellate interference with that discretion.

Citation
[2001] EWCA Civ 1312
Parties
Claimant/respondent: Sunrise Radio Limited; Defendant/applicant: Mr A K Sharma (Trading as Asian Film Academy)
Jurisdiction
England and Wales
Judgment Date
31 July 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Costs, Payment by Instalments, Exercise of Judicial Discretion, Appeals, Article 6 ECHR
Civil Procedure Costs Payment by Instalments Exercise of Judicial Discretion Appeals Article 6 ECHR

Case Brief

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Parties

Sunrise Radio Limited

Claimant/respondent

Mr A K Sharma (Trading as Asian Film Academy)

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to allow payment of costs by instalments
  2. 2 Whether the refusal breached Article 6 ECHR (right to a fair trial)

Ratio Decidendi

The judge exercised his discretion properly under the statutory provision, considered all relevant factors including the applicant's financial situation, and there was no basis for appellate interference with that discretion.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused