Jackson v Marina Homes Ltd & Ors

Jackson v Marina Homes Ltd & Ors

Given the procedural confusion and lack of intentional default, and as the application for permission to appeal was properly argued and the interests of justice do not weigh against the appellant, the extension of time for appealing should not be set aside.

Parties
Appellant: Dinah Jackson; Respondent: Marina Homes Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
13 November 2007
Procedural Posture
Civil Appeal / Application to Set Aside Extension of Time for Appeal
Outcome
Application refused
Legal Topics
Extension of Time, Permission to Appeal, Civil Procedure Rules, Practice Directions
Civil Procedure Extension of Time Permission to Appeal Civil Procedure Rules Practice Directions

Case Brief

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Parties

Dinah Jackson

Appellant

Marina Homes Ltd & Ors

Respondent

Procedural Posture

Civil Appeal / Application to Set Aside Extension of Time for Appeal

Legal Issues

  1. 1 Whether the extension of time for appealing should be set aside
  2. 2 Proper application of Civil Procedure Rules regarding permission to appeal and extension of time

Ratio Decidendi

Given the procedural confusion and lack of intentional default, and as the application for permission to appeal was properly argued and the interests of justice do not weigh against the appellant, the extension of time for appealing should not be set aside.

Court Disposition

Application refused

Orders

  • Extension of time for appealing will not be set aside
  • Appeal will proceed