Ashleigh-Nicholson v Staffordshire Police & Anor [2002] EWCA Civ 1562 (22 October 2002)

Ashleigh-Nicholson v Staffordshire Police & Anor [2002] EWCA Civ 1562 (22 October 2002)

The application to set aside the order was refused because the applicant failed to attend court without notifying or seeking an adjournment, and no sufficient excuse was provided to justify setting aside the order.

Citation
[2002] EWCA Civ 1562
Parties
Claimant/applicant: Charles Geoffrey Ashleigh-Nicholson; Defendant/respondent: Chief Constable of Staffordshire Police; Defendant/respondent: Chief Constable of West Midlands Police
Jurisdiction
England and Wales
Judgment Date
22 October 2002
Procedural Posture
Civil Appeal / Application to Set Aside Order Refusing Permission to Appeal
Outcome
Application refused
Legal Topics
Permission to Appeal, Setting Aside Orders, Non Attendance
Civil Procedure Permission to Appeal Setting Aside Orders Non Attendance

Case Brief

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Parties

Charles Geoffrey Ashleigh-Nicholson

Claimant/applicant

Chief Constable of Staffordshire Police

Defendant/respondent

Chief Constable of West Midlands Police

Defendant/respondent

Procedural Posture

Civil Appeal / Application to Set Aside Order Refusing Permission to Appeal

Legal Issues

  1. 1 Whether the order dismissing the application for permission to appeal should be set aside due to the applicant's non-attendance

Ratio Decidendi

The application to set aside the order was refused because the applicant failed to attend court without notifying or seeking an adjournment, and no sufficient excuse was provided to justify setting aside the order.

Court Disposition

Application refused

Orders

  • Application to set aside the order of 23rd August 2002 refused