Petros & Ors v Chaudhari & Anor
The applications for permission to appeal were dismissed because they were made out of time without proper explanation, sought to appeal from a consent order (which is not generally appealable), and there was no merit in challenging the directions given by the High Court judges. The proper course for the defendants, if dissatisfied with undertakings, was to apply to the High Court, not to appeal.
- Parties
- Claimant/respondent: Andranick Joseph Petros; Claimant/respondent: Quen Mok; Claimant/respondent: Christine Pierce; Claimant/respondent: Mark Peters; Claimant/respondent: Rupert Risdon; Claimant/respondent: Mark Kenny; Defendant/appellant: Sadhana Chaudhari; Defendant/appellant: Neelu Berry
- Jurisdiction
- England and Wales
- Judgment Date
- 22 March 2004
- Procedural Posture
- Civil Appeal / Renewed Applications for Permission to Appeal From High Court Orders
- Outcome
- Applications for permission to appeal refused
- Legal Topics
- Permission to Appeal, Consent Orders, Enforcement of Undertakings, Harassment, Defamation, Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Andranick Joseph Petros
Claimant/respondent
Quen Mok
Claimant/respondent
Christine Pierce
Claimant/respondent
Mark Peters
Claimant/respondent
Rupert Risdon
Claimant/respondent
Mark Kenny
Claimant/respondent
Sadhana Chaudhari
Defendant/appellant
Neelu Berry
Defendant/appellant
Procedural Posture
Civil Appeal / Renewed Applications for Permission to Appeal From High Court Orders
Legal Issues
- 1 Whether permission to appeal should be granted from consent and directions orders
- 2 Whether the defendants' undertakings and enforcement proceedings were properly handled
- 3 Whether the applications for appeal were made out of time without proper explanation
Ratio Decidendi
The applications for permission to appeal were dismissed because they were made out of time without proper explanation, sought to appeal from a consent order (which is not generally appealable), and there was no merit in challenging the directions given by the High Court judges. The proper course for the defendants, if dissatisfied with undertakings, was to apply to the High Court, not to appeal.
Court Disposition
Applications for permission to appeal refused
Orders
- Applications refused
- No order for costs
Full Case Text
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