Alwad v Khan

Alwad v Khan

Appellant failed to provide sufficient evidence or explanation for delay; Cranston J did not exercise discretion improperly; appeal dismissed.

Parties
Appellant: Alwad; Respondent: Khan
Jurisdiction
England and Wales
Judgment Date
24 July 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
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 / Judgment on Appeal

Legal Issues

  1. 1 Whether Cranston J properly exercised discretion in refusing extension of time to file transcript
  2. 2 Whether appellant was entitled to relief from sanctions under Rule 3.9

Ratio Decidendi

Appellant failed to provide sufficient evidence or explanation for delay; Cranston J did not exercise discretion improperly; appeal dismissed.

Court Disposition

appeal dismissed

Orders

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