Ritsma v Allen [2002] EWCA Civ 1274 (26 July 2002)

Ritsma v Allen [2002] EWCA Civ 1274 (26 July 2002)

The application for permission to appeal out of time cannot be granted without further evidence explaining the delay and confirmation of court processing errors; the matter is adjourned to allow Ms Allen to produce such evidence.

Citation
[2002] EWCA Civ 1274
Parties
Claimant/respondent: Ian Helperus Ritsma; Defendant/applicant: Ms Allen
Jurisdiction
England and Wales
Judgment Date
26 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Out of Time
Outcome
application adjourned
Legal Topics
Breach of Contract, Misrepresentation, Fitness for Purpose, Extension of Time for Appeal
Contract Law Consumer Law Breach of Contract Misrepresentation Fitness for Purpose Extension of Time for Appeal

Case Brief

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Parties

Ian Helperus Ritsma

Claimant/respondent

Ms Allen

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 whether Ms Allen was in the business of selling motor cars
  2. 2 whether the vehicle was fit for purpose
  3. 3 whether there was misrepresentation

Ratio Decidendi

The application for permission to appeal out of time cannot be granted without further evidence explaining the delay and confirmation of court processing errors; the matter is adjourned to allow Ms Allen to produce such evidence.

Court Disposition

application adjourned

Orders

  • application adjourned to be relisted before Ward LJ in September 2002
  • Ms Allen to produce further evidence explaining delay and obtain original judgment notes