Secretary of State for Defence v Rosenfeld [2005] EWCA Civ 62 (27 January 2005)

Secretary of State for Defence v Rosenfeld [2005] EWCA Civ 62 (27 January 2005)

There were no intelligible grounds or evidence justifying the enlargement of time; the applicant delayed for more than four months before filing the notice of appeal and is not entitled to the court's discretion to proceed out of time.

Citation
[2005] EWCA Civ 62
Parties
Claimant/respondent: The Secretary of State for Defence; Defendant/applicant: Samuel Jay Rosenfeld
Jurisdiction
England and Wales
Judgment Date
27 January 2005
Procedural Posture
Civil Appeal / Application for Extension of Time and Appeal
Outcome
Application for extension of time refused. Appeal dismissed.
Legal Topics
Extension of Time, Appeal Procedure, Committal for Contempt, Right to Fair Hearing
Civil Procedure Extension of Time Appeal Procedure Committal for Contempt Right to Fair Hearing

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Parties

The Secretary of State for Defence

Claimant/respondent

Samuel Jay Rosenfeld

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Extension of Time and Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal against an order of committal
  2. 2 Whether the applicant was denied a fair hearing due to absence at the original hearing

Ratio Decidendi

There were no intelligible grounds or evidence justifying the enlargement of time; the applicant delayed for more than four months before filing the notice of appeal and is not entitled to the court's discretion to proceed out of time.

Court Disposition

Application for extension of time refused. Appeal dismissed.

Orders

  • Application for extension of time refused
  • Appeal dismissed