Grimm v Newman [2002] EWCA Civ 1423 (2 October 2002)
The application to vacate the appeal hearing dates was dismissed because the court found that competent counsel could prepare the case in the available time, and no sufficient steps were taken to secure alternative representation; justice did not require vacating the dates.
- Citation
- [2002] EWCA Civ 1423
- Parties
- Respondent/claimant: Grimm; Applicants/defendants: Newman
- Jurisdiction
- England and Wales
- Judgment Date
- 02 October 2002
- Procedural Posture
- Application to Break Fixture (vacate Appeal Hearing Dates) / Court of Appeal (civil Division) Interlocutory Application
- Outcome
- Application dismissed
- Legal Topics
- Vacation of Hearing Dates, Counsel Availability, Damages for Negligent Advice, Costs Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Grimm
Respondent/claimant
Newman
Applicants/defendants
Procedural Posture
Application to Break Fixture (vacate Appeal Hearing Dates) / Court of Appeal (civil Division) Interlocutory Application
Legal Issues
- 1 Whether the appeal hearing dates should be vacated due to leading counsel's illness
- 2 Appropriateness of costs order for unsuccessful application
Ratio Decidendi
The application to vacate the appeal hearing dates was dismissed because the court found that competent counsel could prepare the case in the available time, and no sufficient steps were taken to secure alternative representation; justice did not require vacating the dates.
Court Disposition
Application dismissed
Orders
- Application to vacate appeal hearing dates dismissed
- Costs ordered against the applicants/defendants, excluding costs of leading counsel's attendance
Full Case Text
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