Uphill v BRB (Residuary) Ltd

Uphill v BRB (Residuary) Ltd

Permission for a second appeal is refused because the grounds do not raise an important point of principle or practice, nor is there any other compelling reason. The defendant failed to draw relevant new authority to the judge's attention in time, and is deemed to have accepted jurisdiction under CPR 11(5), waiving the right to challenge service.

Parties
Claimant (respondent): Uphill (Widow and Administrator of the Estate of Malcolm Ernest Uphill); Defendant (appellant): BRB (Residuary) Ltd.
Jurisdiction
England and Wales
Judgment Date
03 February 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal) to the Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Extension of Time for Service of Claim Form, Waiver of Right to Challenge Service, Second Appeals, CPR 7.6, CPR 6.9, CPR 52.13, CPR 11
Civil Procedure Extension of Time for Service of Claim Form Waiver of Right to Challenge Service Second Appeals CPR 7.6 CPR 6.9 CPR 52.13 CPR 11

Case Brief

Summary, issues, holding and outcome

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Parties

Uphill (Widow and Administrator of the Estate of Malcolm Ernest Uphill)

Claimant (respondent)

BRB (Residuary) Ltd.

Defendant (appellant)

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal) to the Court of Appeal

Legal Issues

  1. 1 Whether permission for a second appeal should be granted under CPR 52.13(2)
  2. 2 Whether the lower court erred in extending time for service of the claim form
  3. 3 Whether the defendant waived the right to challenge validity of service

Ratio Decidendi

Permission for a second appeal is refused because the grounds do not raise an important point of principle or practice, nor is there any other compelling reason. The defendant failed to draw relevant new authority to the judge's attention in time, and is deemed to have accepted jurisdiction under CPR 11(5), waiving the right to challenge service.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed