Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

The appellant failed to comply with the order of 22 August 2012 by not lodging the transcript within the required time, resulting in automatic dismissal of his application for permission to appeal. Judge Saggerson's order did not supersede Judge Carr's order, and Judge Taylor's conclusion was the only sensible one given the facts. The application for permission to appeal was wholly without merit.

Citation
[2013] EWHC 1949 (QB)
Parties
Claimant/respondent: Draycott Place RTM Company Limited; Defendant/appellant: Mr Antoine Bordelais
Jurisdiction
England and Wales
Judgment Date
10 July 2013
Procedural Posture
Appeal / Application for Permission to Appeal Out of Time
Outcome
permission to appeal refused; application wholly without merit
Legal Topics
Appeals, Relief From Sanctions, Default Judgment, Service of Documents
Civil Procedure Appeals Relief From Sanctions Default Judgment Service of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Draycott Place RTM Company Limited

Claimant/respondent

Mr Antoine Bordelais

Defendant/appellant

Procedural Posture

Appeal / Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether Judge Saggerson's order of 18 December 2012 superseded Judge Carr's order of 22 August 2012
  2. 2 Whether Judge Taylor erred in not considering the substantive application for permission to appeal against the order of 11 July 2012
  3. 3 Whether the appellant complied with the requirement to lodge the transcript within the time ordered

Ratio Decidendi

The appellant failed to comply with the order of 22 August 2012 by not lodging the transcript within the required time, resulting in automatic dismissal of his application for permission to appeal. Judge Saggerson's order did not supersede Judge Carr's order, and Judge Taylor's conclusion was the only sensible one given the facts. The application for permission to appeal was wholly without merit.

Court Disposition

permission to appeal refused; application wholly without merit

Orders

  • application for permission to appeal out of time granted
  • application for permission to appeal refused