Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB) (20 January 2014)

Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB) (20 January 2014)

The extension of time was wrongly granted because the defendant's delay was not trivial, there was no good reason for the delay, and the court was misled as to the relevant period of delay. Applying the strict approach in Mitchell, the defendant's reasons were inadequate and the application was seriously out of time.

Citation
[2014] EWHC 49
Parties
Claimant: Webb Resolutions Limited; Defendant: E-Surv Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2014
Procedural Posture
Civil / Application to Set Aside Order Granting Extension of Time for Appeal
Outcome
Claimant's application allowed; order of Blair J. set aside; defendant's appeal out of time; permission to extend time refused.
Legal Topics
Extension of Time, Permission to Appeal, Relief From Sanctions, Compliance With Court Rules, Jackson Reforms
Civil Procedure Extension of Time Permission to Appeal Relief From Sanctions Compliance With Court Rules Jackson Reforms

Case Brief

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Parties

Webb Resolutions Limited

Claimant

E-Surv Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the order of Blair J. extending time for renewal of permission to appeal should be set aside
  2. 2 Whether the defendant had good reason for delay in applying for oral renewal of permission to appeal

Ratio Decidendi

The extension of time was wrongly granted because the defendant's delay was not trivial, there was no good reason for the delay, and the court was misled as to the relevant period of delay. Applying the strict approach in Mitchell, the defendant's reasons were inadequate and the application was seriously out of time.

Court Disposition

Claimant's application allowed; order of Blair J. set aside; defendant's appeal out of time; permission to extend time refused.

Orders

  • Order of Blair J. extending time set aside
  • Defendant's appeal declared out of time