Cerys Ashley v Benedict Cela Musa

Cerys Ashley v Benedict Cela Musa

The petitioner has not provided sufficient, particular, and up-to-date medical evidence to justify a stay or adjournment. The Equality Act 2010 does not impose duties on the court in its judicial function except for the non-discrimination prohibition in section 15, which is not breached here as any refusal is not because of disability but due to procedural lateness and prejudice. The likelihood of success for late applications to amend pleadings is very low given proximity to trial and prior extensions.

Parties
Petitioner: Cerys Ashley; First Respondent: Benedict Cela Musa; Second Respondent: CWM Care Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2025
Procedural Posture
Unfair Prejudice Petition Under Companies Act / Interlocutory Application for Stay/adjournment
Outcome
Application for stay and adjournment dismissed
Legal Topics
Unfair Prejudice, Adjournment, Disability Discrimination, Amendment of Pleadings, Disclosure
Company Law Equality Law Civil Procedure Unfair Prejudice Adjournment Disability Discrimination Amendment of Pleadings Disclosure

Case Brief

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Parties

Cerys Ashley

Petitioner

Benedict Cela Musa

First Respondent

CWM Care Limited

Second Respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act / Interlocutory Application for Stay/adjournment

Legal Issues

  1. 1 Whether to grant a stay or adjournment of proceedings due to petitioner's disabilities
  2. 2 Whether the Equality Act 2010 applies to judicial functions in this context
  3. 3 Whether medical evidence provided is sufficient to justify adjournment

Ratio Decidendi

The petitioner has not provided sufficient, particular, and up-to-date medical evidence to justify a stay or adjournment. The Equality Act 2010 does not impose duties on the court in its judicial function except for the non-discrimination prohibition in section 15, which is not breached here as any refusal is not because of disability but due to procedural lateness and prejudice. The likelihood of success for late applications to amend pleadings is very low given proximity to trial and prior extensions.

Court Disposition

Application for stay and adjournment dismissed

Orders

  • No stay granted
  • No adjournment granted