Cooke (t/a D J Cooke & Co) v McManus [2001] EWCA Civ 1731 (6 November 2001)

Cooke (t/a D J Cooke & Co) v McManus [2001] EWCA Civ 1731 (6 November 2001)

The application for extension of time to appeal is refused because the application is significantly out of time, the merits of the proposed appeal are not arguable, and it would be unfair to allow an out-of-time appeal after the respondent's timely application has already been disposed of.

Citation
[2001] EWCA Civ 1731
Parties
Claimant/respondent: David John Cooke (t/a D J Cooke & Co); Defendant/applicant: Delrose Haynes-McManus
Jurisdiction
England and Wales
Judgment Date
06 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Application for extension of time for appealing dismissed
Legal Topics
Extension of Time for Appeal, Architect's Liability, Damages for Breach of Contract, Building Disputes
Civil Procedure Contract Law Construction Law Extension of Time for Appeal Architect's Liability Damages for Breach of Contract Building Disputes

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Parties

David John Cooke (t/a D J Cooke & Co)

Claimant/respondent

Delrose Haynes-McManus

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether extension of time for appeal should be granted
  2. 2 Whether the trial judge erred in assessment of damages for breaches of contract by architect

Ratio Decidendi

The application for extension of time to appeal is refused because the application is significantly out of time, the merits of the proposed appeal are not arguable, and it would be unfair to allow an out-of-time appeal after the respondent's timely application has already been disposed of.

Court Disposition

Application for extension of time for appealing dismissed

Orders

  • Application for extension of time for appealing dismissed