Fallon v Shell UK Ltd [2002] EWCA Civ 1548 (15 October 2002)

Fallon v Shell UK Ltd [2002] EWCA Civ 1548 (15 October 2002)

The application for permission to appeal was refused because the delay of approximately 18 months was not justified by exceptional circumstances, regardless of the arguable merits of the proposed appeal.

Citation
[2002] EWCA Civ 1548
Parties
Claimant/applicant: Stephen Frank Fallon; Defendant/respondent: Shell UK Limited
Jurisdiction
England and Wales
Judgment Date
15 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Out of Time
Outcome
Application for extension of time refused
Legal Topics
Misrepresentation, Assessment of Damages, Extension of Time for Appeal
Contract Law Tort Law Misrepresentation Assessment of Damages Extension of Time for Appeal

Case Brief

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Parties

Stephen Frank Fallon

Claimant/applicant

Shell UK Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the assessment of damages by the trial judge was flawed
  2. 2 Whether permission to appeal should be granted despite being 18 months out of time

Ratio Decidendi

The application for permission to appeal was refused because the delay of approximately 18 months was not justified by exceptional circumstances, regardless of the arguable merits of the proposed appeal.

Court Disposition

Application for extension of time refused

Orders

  • Application for permission to appeal out of time is refused