Lewis v Altaf

Lewis v Altaf

The application for permission to appeal was refused because it was out of time without reasonable excuse, raised no important point of principle or practice, presented no compelling reason, and had no merit. The grounds were speculative and unsupported by evidence.

Parties
Applicant: Kess Thomas Lewis; Respondent: Mohammed Altaf
Jurisdiction
England and Wales
Judgment Date
15 August 2003
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Tier)
Outcome
application refused
Legal Topics
Trespass, Nuisance, Negligence, Appeals, Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Kess Thomas Lewis

Applicant

Mohammed Altaf

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Tier)

  1. 1 Whether the applicant should be granted permission to appeal a second-tier appeal out of time
  2. 2 Whether the grounds of appeal raise an important point of principle or practice or other compelling reason
  3. 3 Whether the underlying claim for trespass, nuisance, and negligence had merit

Ratio Decidendi

The application for permission to appeal was refused because it was out of time without reasonable excuse, raised no important point of principle or practice, presented no compelling reason, and had no merit. The grounds were speculative and unsupported by evidence.

Court Disposition

application refused

Orders

  • Applications for permission to appeal and extension of time refused
  • A copy of the judgment to be provided to the applicant at public expense