Fox v Graham Group Plc [2002] EWHC 9031 (Costs) (26 July 2002)

Fox v Graham Group Plc [2002] EWHC 9031 (Costs) (26 July 2002)

The appeal was bound to fail on its face, so it would be unfair to the respondent to grant an adjournment even though good grounds existed; therefore, the adjournment was refused and the appeal dismissed.

Source-derived case information.

Citation
[2002] EWHC 9031 (Costs)
Parties
Applicant: Fox; Respondent: Graham Group Plc
Jurisdiction
England and Wales
Judgment Date
26 July 2002
Procedural Posture
Bankruptcy / Appeal
Outcome
appeal dismissed
Legal Topics
Adjournment, Litigant in Person, Appeal Procedure
Bankruptcy Civil Procedure Adjournment Litigant in Person Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fox

Applicant

Graham Group Plc

Respondent

Procedural Posture

Bankruptcy / Appeal

Legal Issues

  1. 1 Whether an adjournment should be granted when a litigant in person fails to attend but provides good reasons
  2. 2 Whether the appeal had any prospect of success

Ratio Decidendi

The appeal was bound to fail on its face, so it would be unfair to the respondent to grant an adjournment even though good grounds existed; therefore, the adjournment was refused and the appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • adjournment refused
  • appeal dismissed