Harris Rosenblatt & Kramer (A Firm) v Bourne [2002] EWCA Civ 1833 (26 November 2002)

Harris Rosenblatt & Kramer (A Firm) v Bourne [2002] EWCA Civ 1833 (26 November 2002)

The application did not meet the threshold for a second-tier appeal under CPR 52.13 as it did not raise an important point of principle or practice nor any other compelling reason, and the delay in appealing was not justified by the reasons advanced.

Citation
[2002] EWCA Civ 1833
Parties
Claimant/respondent: Harris Rosenblatt and Kramer (A Firm); Defendant/applicant: Peter Brian Bourne
Jurisdiction
England and Wales
Judgment Date
26 November 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal (second Tier Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Extension of Time to Appeal, Second Tier Appeals, Permission to Appeal, Abuse of Process, Costs
Civil Procedure Extension of Time to Appeal Second Tier Appeals Permission to Appeal Abuse of Process Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Harris Rosenblatt and Kramer (A Firm)

Claimant/respondent

Peter Brian Bourne

Defendant/applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether permission to appeal should be granted for a second-tier appeal after substantial delay
  2. 2 Whether delay in appealing was justified by solicitor issues or legal aid problems
  3. 3 Whether the appeal raised an important point of principle or practice or other compelling reason under CPR 52.13

Ratio Decidendi

The application did not meet the threshold for a second-tier appeal under CPR 52.13 as it did not raise an important point of principle or practice nor any other compelling reason, and the delay in appealing was not justified by the reasons advanced.

Court Disposition

Application for permission to appeal refused

Orders

  • Copy of the judgment to be provided at public expense to the applicant