Manison v Attorney General & Anor [2002] EWCA Civ 1727 (31 October 2002)

Manison v Attorney General & Anor [2002] EWCA Civ 1727 (31 October 2002)

The application was refused because the issues are very old, have already been decided by the Court of Appeal, and there is no sufficient justification or compelling fresh evidence to reopen the proceedings or extend time. Difficulties in obtaining legal advice do not provide a sufficient basis to allow the case to proceed.

Citation
[2002] EWCA Civ 1727
Parties
Applicant/claimant: Norman Michael Manison; Respondent/defendant: The Attorney General; Respondent/defendant: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
31 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Orders of the High Court
Outcome
Application refused
Legal Topics
Extension of Time, Striking Out Pleadings, Abuse of Process, Fresh Evidence, Procedural Irregularity
Civil Procedure Extension of Time Striking Out Pleadings Abuse of Process Fresh Evidence Procedural Irregularity

Case Brief

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Parties

Norman Michael Manison

Applicant/claimant

The Attorney General

Respondent/defendant

The Lord Chancellor

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Orders of the High Court

Legal Issues

  1. 1 Whether permission should be granted to appeal two High Court orders from 1989
  2. 2 Whether the orders of Phillips J and Turner J should be set aside or varied due to alleged procedural irregularities and fresh evidence
  3. 3 Whether the applicant's difficulties in obtaining legal advice justify reopening the case

Ratio Decidendi

The application was refused because the issues are very old, have already been decided by the Court of Appeal, and there is no sufficient justification or compelling fresh evidence to reopen the proceedings or extend time. Difficulties in obtaining legal advice do not provide a sufficient basis to allow the case to proceed.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • No extension of time granted