Graham Group Ltd v Fox [2002] EWCA Civ 1124 (24 July 2002)

Graham Group Ltd v Fox [2002] EWCA Civ 1124 (24 July 2002)

The application for permission to appeal cannot be dismissed as hopeless because new documents raise doubts about the guarantee's validity, and the original judge was not made aware of these documents. The matter requires further exploration with evidence in sworn form, and the applicant's illness and absence were genuine and relevant to procedural fairness.

Citation
[2002] EWCA Civ 1124
Parties
Claimant/respondent: Graham Group Ltd; Defendant/applicant: Raymond James Fox
Jurisdiction
England and Wales
Judgment Date
24 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Out of Time
Outcome
Application for permission to appeal adjourned for further directions and evidence.
Legal Topics
Guarantee Enforcement, Bankruptcy Order, Setting Aside Judgment, Adjournment for Illness, Procedural Fairness
Bankruptcy Contract Guarantee Enforcement Bankruptcy Order Setting Aside Judgment Adjournment for Illness Procedural Fairness

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Parties

Graham Group Ltd

Claimant/respondent

Raymond James Fox

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether permission to appeal out of time should be granted
  2. 2 Whether the original judgment was obtained on the basis of a forged or otherwise invalid guarantee
  3. 3 Whether the hearing before Mr Justice Neuberger should have been adjourned due to the applicant's illness

Ratio Decidendi

The application for permission to appeal cannot be dismissed as hopeless because new documents raise doubts about the guarantee's validity, and the original judge was not made aware of these documents. The matter requires further exploration with evidence in sworn form, and the applicant's illness and absence were genuine and relevant to procedural fairness.

Court Disposition

Application for permission to appeal adjourned for further directions and evidence.

Orders

  • Application for permission to appeal adjourned to come on as soon as possible on notice to the other side, with appeal to follow if permission granted.
  • Mr Fox to file an affidavit within four weeks setting out his case, explaining delay, and confirming illness.