De Sena & Anor v Notaro & Ors [2020] EWHC 1379 (Ch) (29 May 2020)

De Sena & Anor v Notaro & Ors [2020] EWHC 1379 (Ch) (29 May 2020)

The court had no jurisdiction to grant an extension of time or permission to appeal because no application or adjournment was made at the decision hearing, and the 21-day period had expired. Even if jurisdiction existed, the grounds of appeal had no real prospect of success.

Citation
[2020] EWHC 1379 (Ch)
Parties
Claimant: Carmela De Sena; Claimant: Meltor Developments Limited; Defendant: Joseph Notaro; Defendant: S Notaro Group Limited; Defendant: Bishop Fleming (a firm); Defendant: Davies and Partners Solicitors (a firm)
Jurisdiction
England and Wales
Judgment Date
29 May 2020
Procedural Posture
Civil / Post Trial Application for Extension of Time to Seek Permission to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Permission to Appeal, Undue Influence, Relief From Sanctions
Civil Procedure Equity Extension of Time Permission to Appeal Undue Influence Relief From Sanctions

Case Brief

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Parties

Carmela De Sena

Claimant

Meltor Developments Limited

Claimant

Joseph Notaro

Defendant

S Notaro Group Limited

Defendant

Bishop Fleming (a firm)

Defendant

Davies and Partners Solicitors (a firm)

Defendant

Procedural Posture

Civil / Post Trial Application for Extension of Time to Seek Permission to Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to grant an extension of time for applying for permission to appeal after the 21-day period has expired and no adjournment or application was made at the decision hearing
  2. 2 Whether permission to appeal should be granted on the merits of the proposed grounds

Ratio Decidendi

The court had no jurisdiction to grant an extension of time or permission to appeal because no application or adjournment was made at the decision hearing, and the 21-day period had expired. Even if jurisdiction existed, the grounds of appeal had no real prospect of success.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to seek permission to appeal is dismissed