Ritsma v Allen [2002] EWCA Civ 1413 (10 September 2002)

Ritsma v Allen [2002] EWCA Civ 1413 (10 September 2002)

There was no satisfactory explanation for the delay in appealing, and the appeal raised only questions of fact, not law; therefore, the judge was correct to refuse extension of time.

Citation
[2002] EWCA Civ 1413
Parties
Claimant/respondent: Ian Helperus Ritsma; Defendant/appellant: Ms Allen
Jurisdiction
England and Wales
Judgment Date
10 September 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal Out of Time
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Small Claims Arbitration, Exercise of Judicial Discretion
Civil Procedure Extension of Time to Appeal Small Claims Arbitration Exercise of Judicial Discretion

Case Brief

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Parties

Ian Helperus Ritsma

Claimant/respondent

Ms Allen

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the delay in appealing was sufficiently explained to justify extension of time
  2. 2 Whether the appeal raised a question of law or fact

Ratio Decidendi

There was no satisfactory explanation for the delay in appealing, and the appeal raised only questions of fact, not law; therefore, the judge was correct to refuse extension of time.

Court Disposition

Application dismissed

Orders

  • No order for costs