Jesus Everlasting Foundation Ministry International v McKinde

Jesus Everlasting Foundation Ministry International v McKinde

The Recorder correctly applied the CPR 3.9 test to the facts, was entitled to review the case afresh, and there was no substantive error in the handling of evidence or weight given to previous non-compliance. The application does not raise an important point of principle or practice nor any compelling reason for a second appeal.

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

Case Brief

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Parties

Jesus Everlasting Foundation Ministry International

Applicant/defendant

McKinde

Respondent/claimant

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 explanation for non-attendance was supported by evidence
  3. 3 Whether undue weight was placed on previous non-compliance with court orders

Ratio Decidendi

The Recorder correctly applied the CPR 3.9 test to the facts, was entitled to review the case afresh, and there was no substantive error in the handling of evidence or weight given to previous non-compliance. The application does not raise an important point of principle or practice nor any compelling reason for a second appeal.

Court Disposition

Application refused

Orders

  • Permission to appeal refused