Jamous v Mercouris

Jamous v Mercouris

The applicant’s failure to file the Appellant’s Notice within the stipulated time was a serious and significant breach without good reason. Considering all circumstances, including repeated non-compliance and lack of supporting evidence, relief from sanctions was not justified and the extension of time was refused.

Parties
Claimant/applicant: Tarik Jamous; Defendant/respondent: Alexander Mercouris
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal
Outcome
Application for extension of time refused; permission to appeal not determined.
Legal Topics
Relief From Sanctions, Extension of Time, Capacity to Litigate, Strike Out, Appeal Procedure
Civil Procedure Personal Injury Relief From Sanctions Extension of Time Capacity to Litigate Strike Out Appeal Procedure

Case Brief

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Parties

Tarik Jamous

Claimant/applicant

Alexander Mercouris

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file an Appellant’s Notice
  2. 2 Whether there was compliance with the court order regarding filing a certificate of capacity
  3. 3 Whether there was a good reason for the delay in filing the appeal

Ratio Decidendi

The applicant’s failure to file the Appellant’s Notice within the stipulated time was a serious and significant breach without good reason. Considering all circumstances, including repeated non-compliance and lack of supporting evidence, relief from sanctions was not justified and the extension of time was refused.

Court Disposition

Application for extension of time refused; permission to appeal not determined.

Orders

  • Mr Jamous’s application for extension of time to file Appellant’s Notice is refused.
  • Mr Jamous’s claim against Mr Mercouris remains struck out by virtue of the 18 December Order.