Cooper & Anor v Cooper

Cooper & Anor v Cooper

The judge did not err in refusing to extend time for appeal; the delay was not justified, the fresh evidence could have been obtained earlier, and the judge applied the correct legal principles in exercising discretion.

Parties
Appellant: Alan Vaughan Cooper; Appellant: Marissa Cooper; Respondent: Anthony Dale Cooper
Jurisdiction
England and Wales
Judgment Date
27 June 2012
Procedural Posture
Civil Appeal / Appeal From Refusal to Extend Time to Appeal
Outcome
appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Forgery, Land Registration
Civil Procedure Property Law Extension of Time Appeal Procedure Forgery Land Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Alan Vaughan Cooper

Appellant

Marissa Cooper

Appellant

Anthony Dale Cooper

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal to Extend Time to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to extend time for filing an appeal against the decision of the Deputy Adjudicator to HM Land Registry
  2. 2 Whether fresh evidence justified an extension of time
  3. 3 Whether the judge failed to apply the correct legal principles in exercising discretion

Ratio Decidendi

The judge did not err in refusing to extend time for appeal; the delay was not justified, the fresh evidence could have been obtained earlier, and the judge applied the correct legal principles in exercising discretion.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.