Wisdom (t/a S & J Property Services) v Silver [2001] EWCA Civ 1408 (29 August 2001)

Wisdom (t/a S & J Property Services) v Silver [2001] EWCA Civ 1408 (29 August 2001)

The application was dismissed because the defendant had no real prospects of success on appeal, failed to provide proper grounds for extension of time, and her applications to amend the defence and seek further disclosure were untimely and speculative.

Citation
[2001] EWCA Civ 1408
Parties
Respondent/claimant: S M Wisdom (t/a S & J Property Services); Applicant/defendant: Miss E Silver
Jurisdiction
England and Wales
Judgment Date
29 August 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Breach of Contract, Small Claims, Appeal Out of Time, Amendment of Defence, Disclosure of Documents

Case Brief

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Parties

S M Wisdom (t/a S & J Property Services)

Respondent/claimant

Miss E Silver

Applicant/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

  1. 1 Whether the defendant should be granted permission to appeal out of time
  2. 2 Whether the defendant should be allowed to amend her defence and seek further disclosure
  3. 3 Whether the original judgment contained errors regarding contract price, misrepresentation, and defective work

Ratio Decidendi

The application was dismissed because the defendant had no real prospects of success on appeal, failed to provide proper grounds for extension of time, and her applications to amend the defence and seek further disclosure were untimely and speculative.

Court Disposition

application dismissed

Orders

  • Application for permission to appeal dismissed