Webb Resolutions Ltd v E-Surv Ltd

Webb Resolutions Ltd v E-Surv Ltd

The extension of time was improperly granted because the defendant's delay was not trivial, there was no good reason for the default, and the stricter post-Jackson approach to compliance with court rules required refusal of relief.

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 Extension of Time for Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Relief From Sanctions, Court Rules Compliance
Civil Procedure Extension of Time Appeals Relief From Sanctions Court Rules Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Webb Resolutions Limited

Claimant

E-Surv Limited

Defendant

Procedural Posture

Civil / Application to Set Aside Extension of Time for Appeal

Legal Issues

  1. 1 Whether the extension of time for seeking oral renewal of permission to appeal was properly granted
  2. 2 Whether the reasons for delay constituted good reason under the post-Jackson regime

Ratio Decidendi

The extension of time was improperly granted because the defendant's delay was not trivial, there was no good reason for the default, and the stricter post-Jackson approach to compliance with court rules required refusal of relief.

Court Disposition

application granted

Orders

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