Cooper & Anor v Cooper

Cooper & Anor v Cooper

Permission to appeal was granted because the judge below did not expressly consider all relevant factors under CPR 3.9, particularly the explanation for delay and the materiality of new evidence, and there was a real prospect of success on appeal.

Parties
Appellant: Cooper & Anr; Respondent: Cooper
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Extension of Time, Admission of New Evidence, Appeal Procedure, Land Registration, Forgery
Civil Procedure Property Law Extension of Time Admission of New Evidence Appeal Procedure Land Registration Forgery

Case Brief

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Parties

Cooper & Anr

Appellant

Cooper

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellants should be granted an extension of time to appeal the Deputy Adjudicator's decision
  2. 2 Whether new evidence justifies reopening the case
  3. 3 Whether the delay in filing the notice of appeal was adequately explained

Ratio Decidendi

Permission to appeal was granted because the judge below did not expressly consider all relevant factors under CPR 3.9, particularly the explanation for delay and the materiality of new evidence, and there was a real prospect of success on appeal.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal is granted to the appellants.