John & Anor v Fletcher [2001] EWCA Civ 2076 (20 December 2001)

John & Anor v Fletcher [2001] EWCA Civ 2076 (20 December 2001)

The appeal was allowed because the county court judge dismissed the application for leave to appeal based on a fundamental misconception as to which order was under appeal, failing to consider the appellants' inability to pay the sum into court as required by the conditional order of Deputy District Judge Ing.

Source-derived case information.

Citation
[2001] EWCA Civ 2076
Parties
Claimants: D. B. John & Anor.; Defendant: A. P. Fletcher
Jurisdiction
England and Wales
Judgment Date
20 December 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Application for Leave to Appeal
Outcome
Appeal allowed
Legal Topics
Setting Aside Judgments, Leave to Appeal, Small Claims Procedure, Conditions for Setting Aside Orders
Civil Procedure Setting Aside Judgments Leave to Appeal Small Claims Procedure Conditions for Setting Aside Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. B. John & Anor.

Claimants

A. P. Fletcher

Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the county court judge erred in dismissing the application for leave to appeal the conditional order of Deputy District Judge Ing
  2. 2 Whether the condition of payment into court was properly imposed given the appellants' means and conduct

Ratio Decidendi

The appeal was allowed because the county court judge dismissed the application for leave to appeal based on a fundamental misconception as to which order was under appeal, failing to consider the appellants' inability to pay the sum into court as required by the conditional order of Deputy District Judge Ing.

Court Disposition

Appeal allowed

Orders

  • Application for leave to appeal restored for rehearing before the County Court Judge at the earliest possible time