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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the defendant should be granted permission to appeal out of time
- 2 Whether the defendant should be allowed to amend her defence and seek further disclosure
- 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
Full Case Text
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