Seray-Wurie v London Borough of Hackney [2002] EWCA Civ 909 (25 June 2002)

Seray-Wurie v London Borough of Hackney [2002] EWCA Civ 909 (25 June 2002)

The High Court, when sitting as an appeal court, possesses a similar residual jurisdiction as the Court of Appeal to reopen its own decisions in exceptional circumstances to avoid real injustice, but the threshold is extremely high and was not met in this case. The setting aside of the default costs certificate was correct given the prompt application and the existence of a genuine dispute.

Citation
[2002] EWCA Civ 909
Parties
Appellant/claimant: Dr Adu Aezick Seray-Wurie; Respondent/defendant: The Mayor and Burgess of the London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
25 June 2002
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal Regarding Setting Aside of Default Costs Certificate and Jurisdiction to Reopen Decisions
Outcome
Appeal dismissed; application to reopen refused.
Legal Topics
Default Costs Certificate, Jurisdiction to Reopen Decisions, Civil Procedure Rules, Overriding Objective, Appeal Process
Civil Procedure Costs Default Costs Certificate Jurisdiction to Reopen Decisions Civil Procedure Rules Overriding Objective Appeal Process

Case Brief

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Parties

Dr Adu Aezick Seray-Wurie

Appellant/claimant

The Mayor and Burgess of the London Borough of Hackney

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal Regarding Setting Aside of Default Costs Certificate and Jurisdiction to Reopen Decisions

Legal Issues

  1. 1 Whether the High Court has jurisdiction to reopen its own decisions in exceptional circumstances to avoid real injustice
  2. 2 Whether the setting aside of the default costs certificate was correct under CPR 47.12

Ratio Decidendi

The High Court, when sitting as an appeal court, possesses a similar residual jurisdiction as the Court of Appeal to reopen its own decisions in exceptional circumstances to avoid real injustice, but the threshold is extremely high and was not met in this case. The setting aside of the default costs certificate was correct given the prompt application and the existence of a genuine dispute.

Court Disposition

Appeal dismissed; application to reopen refused.

Orders

  • No reopening of the High Court decision.
  • No oral hearing if application to reopen is refused on paper in future cases.