Messer v Messer & Anor [2005] EWCA Civ 387 (23 March 2005)

Messer v Messer & Anor [2005] EWCA Civ 387 (23 March 2005)

The Court of Appeal has no jurisdiction to entertain an application to set aside or re-open previous orders for possession or committal unless a written application is made under CPR 52.17 and strict criteria are satisfied. The current application does not meet these requirements and is therefore refused.

Citation
[2005] EWCA Civ 387
Parties
Defendant/appellant: Thanom Messer; Second Defendant: Michael Messer; Respondent/respondent: David Messer
Jurisdiction
England and Wales
Judgment Date
23 March 2005
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Applications refused
Legal Topics
Possession Orders, Committal for Contempt, Jurisdiction, Appeals, Legal Representation
Civil Procedure Property Law Possession Orders Committal for Contempt Jurisdiction Appeals Legal Representation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Thanom Messer

Defendant/appellant

Michael Messer

Second Defendant

David Messer

Respondent/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to re-open or set aside previous orders for possession and committal
  2. 2 Whether the applicant is entitled to legal representation
  3. 3 Whether the applicant is entitled to an oral hearing under CPR 52.16

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an application to set aside or re-open previous orders for possession or committal unless a written application is made under CPR 52.17 and strict criteria are satisfied. The current application does not meet these requirements and is therefore refused.

Court Disposition

Applications refused

Orders

  • Application for adjournment refused
  • Application to set aside possession and committal orders refused