Woolman v Suriya & Co (A Firm) [2002] EWCA Civ 659 (29 April 2002)

Woolman v Suriya & Co (A Firm) [2002] EWCA Civ 659 (29 April 2002)

It was open to Judge Cotran to find that making unless orders without first considering the claimant's application for transfer was a serious procedural irregularity, justifying the setting aside of the order dismissing the claim.

Citation
[2002] EWCA Civ 659
Parties
Claimant/respondent: Peter Anthony Woolman; Defendant/applicant: Suriya & Co (A firm)
Jurisdiction
England and Wales
Judgment Date
29 April 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Setting Aside Orders, Transfer of Proceedings, Unless Orders, Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Anthony Woolman

Claimant/respondent

Suriya & Co (A firm)

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal to the Court of Appeal

  1. 1 Whether Judge Cotran was correct to set aside the Deputy District Judge's order dismissing the claim
  2. 2 Whether there was a serious procedural or other irregularity justifying the setting aside of the order
  3. 3 Whether the Civil Procedure Rules were correctly applied

Ratio Decidendi

It was open to Judge Cotran to find that making unless orders without first considering the claimant's application for transfer was a serious procedural irregularity, justifying the setting aside of the order dismissing the claim.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused