Sweetman v Shepherd & Ors

Sweetman v Shepherd & Ors

The judge's findings on delay and abuse of process were justified; there was no error of principle; the likelihood of a fair trial was undermined by the claimant's conduct and the passage of time; permission to appeal refused.

Parties
Appellant: Keith Ivan Eugene Sweetman; Respondent: Shepherd & Ors
Jurisdiction
England and Wales
Judgment Date
05 March 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Delay, Strike Out, Abuse of Process, Fair Trial
Civil Procedure Delay Strike Out Abuse of Process Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Keith Ivan Eugene Sweetman

Appellant

Shepherd & Ors

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the High Court erred in striking out the actions for delay and abuse of process
  2. 2 Whether a fair trial was still possible given the passage of time and available evidence

Ratio Decidendi

The judge's findings on delay and abuse of process were justified; there was no error of principle; the likelihood of a fair trial was undermined by the claimant's conduct and the passage of time; permission to appeal refused.

Court Disposition

permission to appeal refused

Orders

  • Application for permission to appeal is refused.