Abrahams v Sterling Credit Ltd. [2003] EWCA Civ 761 (19 May 2003)

Abrahams v Sterling Credit Ltd. [2003] EWCA Civ 761 (19 May 2003)

The applicant failed to satisfy the requirements of CPR 39.3(5) as the lower courts found her evidence not credible, she did not act promptly, and had no good reason for non-attendance. No important point of principle or compelling reason for a second-tier appeal was established. The appellate court deferred to the factual findings and credibility assessments of the trial judge.

Citation
[2003] EWCA Civ 761
Parties
Claimant/appellant: Corinne Abrahams; Defendant/respondent: Sterling Credit Ltd
Jurisdiction
England and Wales
Judgment Date
19 May 2003
Procedural Posture
Civil Appeal (application for Permission to Appeal Out of Time) / Application for Permission to Appeal to Court of Appeal (second Tier Appeal)
Outcome
Application dismissed
Legal Topics
Setting Aside Possession Orders, CPR 39.3 Applications, Second Tier Appeals, Fraud Allegations in Civil Proceedings
Civil Procedure Property Law Setting Aside Possession Orders CPR 39.3 Applications Second Tier Appeals Fraud Allegations in Civil Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Corinne Abrahams

Claimant/appellant

Sterling Credit Ltd

Defendant/respondent

Procedural Posture

Civil Appeal (application for Permission to Appeal Out of Time) / Application for Permission to Appeal to Court of Appeal (second Tier Appeal)

Legal Issues

  1. 1 Whether the applicant met the requirements under CPR 39.3(5) to set aside a possession order made in her absence
  2. 2 Whether there is a compelling reason or important point of principle/practice justifying a second-tier appeal under CPR 52.13(2)

Ratio Decidendi

The applicant failed to satisfy the requirements of CPR 39.3(5) as the lower courts found her evidence not credible, she did not act promptly, and had no good reason for non-attendance. No important point of principle or compelling reason for a second-tier appeal was established. The appellate court deferred to the factual findings and credibility assessments of the trial judge.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused
  • No extension of time granted