Alwad v Khan [2012] EWCA Civ 1236 (24 July 2012)

Alwad v Khan [2012] EWCA Civ 1236 (24 July 2012)

The appeal was dismissed because the appellant failed to provide sufficient evidence to justify an extension of time for filing the transcript, and the judge below did not err in exercising his discretion under CPR 3.9.

Citation
[2012] EWCA Civ 1236
Parties
Appellant: ALWAD; Respondent: KHAN
Jurisdiction
England and Wales
Judgment Date
24 July 2012
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Application for Extension of Time to File Transcript
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Extension of Time, Default Judgment, Assessment of Damages
Civil Procedure Relief From Sanctions Extension of Time Default Judgment Assessment of Damages

Case Brief

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Parties

ALWAD

Appellant

KHAN

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Application for Extension of Time to File Transcript

Legal Issues

  1. 1 Whether the judge erred in refusing to extend time for filing a transcript for appeal purposes
  2. 2 Whether relief from sanctions under CPR 3.9 should have been granted

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide sufficient evidence to justify an extension of time for filing the transcript, and the judge below did not err in exercising his discretion under CPR 3.9.

Court Disposition

Appeal dismissed

Orders

  • Application for extension of time refused
  • Appellant to pay respondent's costs assessed at £4,443.54 inclusive of VAT if not agreed