Jamous v Mercouris [2020] EWHC 2814 (QB) (23 October 2020)

Jamous v Mercouris [2020] EWHC 2814 (QB) (23 October 2020)

The applicant's delay in filing the Appellant's Notice was serious and significant, and no good reason was provided for the default. The history of repeated non-compliance, lack of credible explanation, and the need to enforce compliance with court orders outweighed any allowances for litigants in person. The application for extension of time was refused.

Citation
[2020] EWHC 2814
Parties
Claimant/applicant: Tarik Jamous; Defendant/respondent: Alexander Mercouris
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Appeal / Application for Extension of Time and Permission to Appeal
Outcome
Application refused
Legal Topics
Extension of Time to Appeal, Relief From Sanctions, Capacity to Litigate, Striking Out of Claim, Litigants in Person
Civil Procedure Personal Injury Extension of Time to Appeal Relief From Sanctions Capacity to Litigate Striking Out of Claim Litigants in Person

Case Brief

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Parties

Tarik Jamous

Claimant/applicant

Alexander Mercouris

Defendant/respondent

Procedural Posture

Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file an Appellant's Notice
  2. 2 Whether permission to appeal should be granted against the order striking out the claim for failure to file a certificate of capacity

Ratio Decidendi

The applicant's delay in filing the Appellant's Notice was serious and significant, and no good reason was provided for the default. The history of repeated non-compliance, lack of credible explanation, and the need to enforce compliance with court orders outweighed any allowances for litigants in person. The application for extension of time was refused.

Court Disposition

Application refused

Orders

  • Refusal of application for extension of time to file Appellant's Notice
  • No permission to appeal granted