Barons Finance Ltd v Odedra

The appeal remains struck out because the applicant failed to comply with procedural requirements, did not provide a credible or evidenced explanation for non-receipt of the listing letter, and there was inexcusable delay. The court found no basis to reinstate the appeal.

Parties: Applicant: Barons Finance Ltd; Respondent: Odedra
Jurisdiction: England and Wales
Judgment Date: 28 July 2015
Procedural Posture: Civil Appeal / Application for Oral Reconsideration of Order Striking Out Appeal
Outcome: Application for reconsideration dismissed; appeal remains struck out; applicant entitled to return of fee.
Legal Topics: Appeal Procedure, Striking Out of Appeal, Reinstatement of Appeal, Compliance With Court Orders

Civil Procedure Appeal Procedure Striking Out of Appeal Reinstatement of Appeal Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Barons Finance Ltd

Applicant

Odedra

Respondent

Procedural Posture

Civil Appeal / Application for Oral Reconsideration of Order Striking Out Appeal

Legal Issues

1 Whether the appeal should be reinstated after being struck out for procedural non-compliance
2 Whether the applicant's explanation for non-compliance is credible
3 Whether the merits of the appeal justify reinstatement

Ratio Decidendi

Court Disposition

Application for reconsideration dismissed; appeal remains struck out; applicant entitled to return of fee.

Orders

Appeal remains struck out.
Applicant entitled to return of the fee paid.