Royds LLP v Pine (Rev 1)

Royds LLP v Pine (Rev 1)

The High Court's order was too rigid in requiring an oral hearing for the renewed application for permission to appeal, given the appellant's disability and inability to attend. The Court of Appeal held that the application could be determined on the papers if the appellant could not attend or be represented, with...

Source-derived case information.

Parties
Respondent: Royds LLP; Appellant: Julie Pine
Jurisdiction
England and Wales
Judgment Date
19 December 2012
Procedural Posture
Civil Appeal / Appeal From High Court Case Management Order
Outcome
Appeal allowed in part; High Court order varied to permit determination on the papers if appellant unable to attend or be represented; application for permission to appeal to Supreme Court refused.
Legal Topics
Case Management, Reasonable Adjustments for Disabled Litigants, Right to Fair Hearing, Appeals Procedure
Civil Procedure Disability Law Case Management Reasonable Adjustments for Disabled Litigants Right to Fair Hearing Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Royds LLP

Respondent

Julie Pine

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Case Management Order

Legal Issues

  1. 1 Whether the High Court's directions for oral hearing of a renewed application for permission to appeal were too rigid given the appellant's disability
  2. 2 Whether the appellant was entitled to have her application determined on the papers due to her inability to attend a hearing
  3. 3 Whether the procedure adopted breached Article 6 ECHR and principles of natural justice

Ratio Decidendi

The High Court's order was too rigid in requiring an oral hearing for the renewed application for permission to appeal, given the appellant's disability and inability to attend. The Court of Appeal held that the application could be determined on the papers if the appellant could not attend or be represented, with provision for respondents to respond to any further material. The order was varied accordingly to allow for this flexibility.

Court Disposition

Appeal allowed in part; High Court order varied to permit determination on the papers if appellant unable to attend or be represented; application for permission to appeal to Supreme Court refused.

Orders

  • High Court's directions varied to allow renewed application for permission to appeal to be determined on the papers if appellant cannot attend or be represented.
  • Respondents permitted to file a response within 7 days to any further material submitted by appellant.