Westminster City Council v Porter & Anor [2002] EWCA Civ 1591 (23 October 2002)

Westminster City Council v Porter & Anor [2002] EWCA Civ 1591 (23 October 2002)

Extension of time for appeal should be granted, conditional upon disclosure of funder, payment of outstanding costs, provision of security for costs, and compliance with ancillary orders, as it would be unjust to bar a substantial appeal solely due to procedural errors where the respondent may have a significant point to argue.

Citation
[2002] EWCA Civ 1591
Parties
Claimant/applicant: Westminster City Council; Defendant/respondent: Dame Shirley Porter; Defendant/respondent: David Peter Weeks
Jurisdiction
England and Wales
Judgment Date
23 October 2002
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; extension of time for appeal permitted subject to conditions.
Legal Topics
Extension of Time for Appeal, Breach of Trust, Statutory Debt, Freezing Orders, Security for Costs
Civil Procedure Local Government Law Trusts Extension of Time for Appeal Breach of Trust Statutory Debt Freezing Orders Security for Costs

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Parties

Westminster City Council

Claimant/applicant

Dame Shirley Porter

Defendant/respondent

David Peter Weeks

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether extension of time for appeal should be granted despite procedural delays
  2. 2 Whether appeal should be permitted where there is an undisputed statutory debt and limited disclosed assets
  3. 3 Whether security for costs and payment of outstanding costs orders should be conditions for extension

Ratio Decidendi

Extension of time for appeal should be granted, conditional upon disclosure of funder, payment of outstanding costs, provision of security for costs, and compliance with ancillary orders, as it would be unjust to bar a substantial appeal solely due to procedural errors where the respondent may have a significant point to argue.

Court Disposition

Appeal allowed; extension of time for appeal permitted subject to conditions.

Orders

  • Identity of funder of appeal to be disclosed within 14 days
  • Outstanding costs orders (£80,000, £1,330, £4,118) to be paid: available cash within 14 days, remainder within 28 days via sale of assets