Jesus Everlasting Foundation Ministry International v McKinde [2016] EWCA Civ 249 (25 February 2016)

Jesus Everlasting Foundation Ministry International v McKinde [2016] EWCA Civ 249 (25 February 2016)

The Recorder correctly applied the CPR 3.9 test to the facts, found no good reason for non-attendance, and was entitled to refuse relief from sanctions; no important point of principle or compelling reason for a second appeal was demonstrated.

Citation
[2016] EWCA Civ 249
Parties
Respondent/claimant: Jesus Everlasting Foundation Ministry International; Applicant/defendant: McKinde
Jurisdiction
England and Wales
Judgment Date
25 February 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Relief From Sanctions, Case Management, Non Attendance at Hearing, Appeal Procedure
Civil Procedure Relief From Sanctions Case Management Non Attendance at Hearing Appeal Procedure

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 2 Party arguments 2
Sign in to unlock

Parties

Jesus Everlasting Foundation Ministry International

Respondent/claimant

McKinde

Applicant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the lower courts applied the correct legal test for relief from sanctions under CPR 3.9
  2. 2 Whether the applicant's explanation for non-attendance was supported by evidence
  3. 3 Whether undue weight was given to previous non-compliance with court orders

Ratio Decidendi

The Recorder correctly applied the CPR 3.9 test to the facts, found no good reason for non-attendance, and was entitled to refuse relief from sanctions; no important point of principle or compelling reason for a second appeal was demonstrated.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused