Matlaszek & Anor v Bloom Camillin (A Firm)

Matlaszek & Anor v Bloom Camillin (A Firm)

The Court of Appeal possesses inherent jurisdiction to reopen appeals in exceptional circumstances, but the facts of this case do not satisfy the required threshold for reopening; finality in litigation prevails and no significant injustice or lack of alternative remedy was established.

Parties
Claimant/respondent: Jerzy Jan Matlaszek; Claimant/respondent: Elenora Irena Matlaszek; Defendant/appellant: Bloom Camillin (A Firm)
Jurisdiction
England and Wales
Judgment Date
05 February 2003
Procedural Posture
Civil Appeal / Application to Set Aside Order Dismissing Appeal
Outcome
application dismissed
Legal Topics
Court Jurisdiction, Finality of Litigation, Reopening Appeals, Solicitors' Duty of Care, Assessment of Damages
Civil Procedure Professional Negligence Court Jurisdiction Finality of Litigation Reopening Appeals Solicitors' Duty of Care Assessment of Damages

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Parties

Jerzy Jan Matlaszek

Claimant/respondent

Elenora Irena Matlaszek

Claimant/respondent

Bloom Camillin (A Firm)

Defendant/appellant

Procedural Posture

Civil Appeal / Application to Set Aside Order Dismissing Appeal

Legal Issues

  1. 1 Does the Court of Appeal have jurisdiction to set aside its order dismissing an appeal?
  2. 2 Should the court exercise its discretion to reopen the appeal in the circumstances presented?

Ratio Decidendi

The Court of Appeal possesses inherent jurisdiction to reopen appeals in exceptional circumstances, but the facts of this case do not satisfy the required threshold for reopening; finality in litigation prevails and no significant injustice or lack of alternative remedy was established.

Court Disposition

application dismissed

Orders

  • application to set aside order dismissing appeal is dismissed
  • costs awarded against the applicants