Network Security Management Ltd v Barnes & Anor [2001] EWCA Civ 628 (24 April 2001)

Network Security Management Ltd v Barnes & Anor [2001] EWCA Civ 628 (24 April 2001)

There was no substantive evidence of bias or procedural unfairness by the lower courts, and the grounds of appeal were unarguable; therefore, the application for permission to appeal was dismissed.

Citation
[2001] EWCA Civ 628
Parties
Claimant/respondent: Network Security Management Limited; Defendant/applicant: Mr E P Barnes; Defendant/applicant: Mrs M A Barnes
Jurisdiction
England and Wales
Judgment Date
24 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Appeals, Judicial Bias, Adjournment, Small Claims
Civil Procedure Appeals Judicial Bias Adjournment Small Claims

Case Brief

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Parties

Network Security Management Limited

Claimant/respondent

Mr E P Barnes

Defendant/applicant

Mrs M A Barnes

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the circuit judge erred in refusing a rehearing based on alleged bias and failure to read papers
  2. 2 Whether the application for adjournment should be granted

Ratio Decidendi

There was no substantive evidence of bias or procedural unfairness by the lower courts, and the grounds of appeal were unarguable; therefore, the application for permission to appeal was dismissed.

Court Disposition

application refused

Orders

  • Application for permission to appeal dismissed.
  • Transcript of the judgment to be provided to the applicants at public expense.