Ashton Graham (A Firm) v Sherman [2002] EWCA Civ 1794 (2 December 2002)

Ashton Graham (A Firm) v Sherman [2002] EWCA Civ 1794 (2 December 2002)

The application was refused because it was made without notice to the other side, with no sufficient grounds or explanation for the delay, and no exceptional circumstances justifying a without notice application.

Citation
[2002] EWCA Civ 1794
Parties
Claimant/respondent: Ashton Graham (A Firm); Defendant/applicant: Robert Grey Sherman
Jurisdiction
England and Wales
Judgment Date
02 December 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Setting Aside Judgments, Without Notice Applications, Bankruptcy Petitions, Disclosure Obligations
Civil Procedure Bankruptcy Setting Aside Judgments Without Notice Applications Bankruptcy Petitions Disclosure Obligations

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Parties

Ashton Graham (A Firm)

Claimant/respondent

Robert Grey Sherman

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the order of 6 September 2001 should be set aside pending application for permission to appeal
  2. 2 Whether a without notice application to set aside the order was appropriate

Ratio Decidendi

The application was refused because it was made without notice to the other side, with no sufficient grounds or explanation for the delay, and no exceptional circumstances justifying a without notice application.

Court Disposition

Application for permission to appeal refused

Orders

  • Application to set aside order of 6 September 2001 dismissed
  • Permission to appeal refused