Jones v Dabholkar

Jones v Dabholkar

The appeal should be adjourned rather than dismissed because the appellant, subject to a bankruptcy order, may become able to pursue the appeal if the order is set aside, and she has a reasonable prospect of success.

Parties
Respondent: Jones; Appellant: Dabholkar
Jurisdiction
England and Wales
Judgment Date
24 May 2012
Procedural Posture
Civil Appeal / Second Appeal; Application for Adjournment
Outcome
Application for adjournment granted; appeal adjourned
Legal Topics
Summary Assessment of Costs, Bankruptcy and Effect on Proceedings, Adjournment of Appeals
Civil Procedure Insolvency Summary Assessment of Costs Bankruptcy and Effect on Proceedings Adjournment of Appeals

Case Brief

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Parties

Jones

Respondent

Dabholkar

Appellant

Procedural Posture

Civil Appeal / Second Appeal; Application for Adjournment

Legal Issues

  1. 1 Whether the appeal should be dismissed or adjourned due to the appellant's bankruptcy order and pending challenge to it
  2. 2 Appropriate approach to summary assessment of costs where no statement of costs served

Ratio Decidendi

The appeal should be adjourned rather than dismissed because the appellant, subject to a bankruptcy order, may become able to pursue the appeal if the order is set aside, and she has a reasonable prospect of success.

Court Disposition

Application for adjournment granted; appeal adjourned

Orders

  • Matter adjourned to allow developments regarding the bankruptcy order
  • Respondent granted liberty to apply for dismissal after 1 July if so advised