Graham v Hussain & Ors [2002] EWCA Civ 696 (18 April 2002)

Graham v Hussain & Ors [2002] EWCA Civ 696 (18 April 2002)

Extension of time for appeal set aside due to lack of frankness by appellants, specifically failure to disclose solicitor status and incredible claim of ignorance of time limits.

Citation
[2002] EWCA Civ 696
Parties
Claimant/respondent: James Spence Graham; Defendant/appellant: Safdar Hussain; Defendant/appellant: Parveen Hussain; Defendant/appellant: Karfait Hussain
Jurisdiction
England and Wales
Judgment Date
18 April 2002
Procedural Posture
Civil Appeal / Application to Set Aside Extension of Time for Appeal
Outcome
Extension of time for appeal set aside; judgment stands.
Legal Topics
Extension of Time for Appeal, Costs, Disclosure Obligations, Professional Conduct
Civil Procedure Contract Law Extension of Time for Appeal Costs Disclosure Obligations Professional Conduct

Case Brief

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Parties

James Spence Graham

Claimant/respondent

Safdar Hussain

Defendant/appellant

Parveen Hussain

Defendant/appellant

Karfait Hussain

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Set Aside Extension of Time for Appeal

Legal Issues

  1. 1 Whether extension of time for appeal should be set aside
  2. 2 Whether failure to disclose appellant's solicitor status affects extension
  3. 3 Whether omission of witness statement impacts appeal

Ratio Decidendi

Extension of time for appeal set aside due to lack of frankness by appellants, specifically failure to disclose solicitor status and incredible claim of ignorance of time limits.

Court Disposition

Extension of time for appeal set aside; judgment stands.

Orders

  • Defendants to pay respondent costs of the application and costs of resisting the appeal