Fletcher v John & Anor [2001] EWCA Civ 907 (8 June 2001)

Fletcher v John & Anor [2001] EWCA Civ 907 (8 June 2001)

The judge's order refusing leave to appeal was made under a fundamental misconception as to which order was being appealed; permission to appeal should be granted to allow proper consideration of the correct order.

Citation
[2001] EWCA Civ 907
Parties
Claimant/respondent: Fletcher; Defendants/applicants: Mr & Mrs John
Jurisdiction
England and Wales
Judgment Date
08 June 2001
Procedural Posture
Civil Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted
Legal Topics
Setting Aside Judgment, Appeal Procedure, Litigants in Person, Conditional Orders
Civil Procedure Setting Aside Judgment Appeal Procedure Litigants in Person Conditional Orders

Case Brief

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Parties

Fletcher

Claimant/respondent

Mr & Mrs John

Defendants/applicants

Procedural Posture

Civil Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the judge misunderstood the nature of the application for leave to appeal
  2. 2 Whether the order of 20th April 2000 was the correct subject of appeal
  3. 3 Whether litigants in person should be given leeway under the Civil Procedure Rules

Ratio Decidendi

The judge's order refusing leave to appeal was made under a fundamental misconception as to which order was being appealed; permission to appeal should be granted to allow proper consideration of the correct order.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • Case to be remitted to the county court to determine whether the order of 20th April and its condition should be set aside or varied