Binod Kumar Sharma v Edith Clara Maria Lovegrove
There was a serious and significant delay in filing the application for permission to appeal, with no good reason for the delay, and the judge at first instance exercised his discretion properly in refusing to extend time; therefore, there is no real prospect of success on appeal nor any other compelling reason to grant permission.
- Parties
- Appellant: Binod Kumar Sharma; Respondent: Edith Clara Maria Lovegrove
- Jurisdiction
- England and Wales
- Judgment Date
- 10 October 2024
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- permission to appeal refused
- Legal Topics
- Relief From Sanctions, Extension of Time, Permission to Appeal, Procedural Default
Case Brief
Summary, issues, holding and outcome
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Parties
Binod Kumar Sharma
Appellant
Edith Clara Maria Lovegrove
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether permission to appeal should be granted against the refusal to extend time for seeking permission to appeal a previous order refusing relief from sanction.
Ratio Decidendi
There was a serious and significant delay in filing the application for permission to appeal, with no good reason for the delay, and the judge at first instance exercised his discretion properly in refusing to extend time; therefore, there is no real prospect of success on appeal nor any other compelling reason to grant permission.
Court Disposition
permission to appeal refused
Orders
- Application for permission to appeal is refused.
Full Case Text
Judgment text and source record
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