Brown & Anor v Fenwick [2001] EWCA Civ 1146 (16 July 2001)

Brown & Anor v Fenwick [2001] EWCA Civ 1146 (16 July 2001)

Given the serious consequences for the claimants and the lack of clear prejudice to the defendant, the application for permission to appeal should be adjourned for a full inter partes hearing to determine whether the refusal of relief from sanctions was proportionate and justified.

Citation
[2001] EWCA Civ 1146
Parties
Claimant/applicant: Alan Goundrill Brown; Claimant/applicant: Jean Margaret Brown; Defendant/respondent: Graham Fenwick
Jurisdiction
England and Wales
Judgment Date
16 July 2001
Procedural Posture
Civil Appeal (personal Injury) / Application for Permission to Appeal (adjourned for Inter Partes Hearing)
Outcome
Application for permission to appeal adjourned for inter partes hearing; appeal to follow if permission granted.
Legal Topics
Relief From Sanctions, Case Management, Extension of Time, Loss of Business Profits, Psychiatric Injury, Civil Procedure Rules 3.9, Appeals Process
Civil Procedure Personal Injury Relief From Sanctions Case Management Extension of Time Loss of Business Profits Psychiatric Injury Civil Procedure Rules 3.9 +1 more

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Parties

Alan Goundrill Brown

Claimant/applicant

Jean Margaret Brown

Claimant/applicant

Graham Fenwick

Defendant/respondent

Procedural Posture

Civil Appeal (personal Injury) / Application for Permission to Appeal (adjourned for Inter Partes Hearing)

Legal Issues

  1. 1 Whether the refusal to grant an extension of time for serving a schedule of loss was proportionate and justified under CPR 3.9
  2. 2 Whether the claimants should be granted relief from sanctions for failure to comply with a case management order

Ratio Decidendi

Given the serious consequences for the claimants and the lack of clear prejudice to the defendant, the application for permission to appeal should be adjourned for a full inter partes hearing to determine whether the refusal of relief from sanctions was proportionate and justified.

Court Disposition

Application for permission to appeal adjourned for inter partes hearing; appeal to follow if permission granted.

Orders

  • Application for permission to appeal adjourned to the full court to be heard inter partes with appeal to follow if permission granted.