Tassell v National Westminster Bank Plc [2002] EWCA Civ 1446 (2 October 2002)

Tassell v National Westminster Bank Plc [2002] EWCA Civ 1446 (2 October 2002)

The applications to reinstate were refused because the applicants failed to show a good reason for their absence at the original hearing and failed to demonstrate a reasonable prospect of success on appeal. The issues raised had already been determined in previous proceedings, and the new evidence could have been obtained earlier. There was no proper question to refer to the European Court of Justice.

Citation
[2002] EWCA Civ 1446
Parties
Applicant/claimant: Victor Samuel Tassell; Respondent/defendant: National Westminster Bank PLC; Applicant: Marie Hetty Tassell
Jurisdiction
England and Wales
Judgment Date
02 October 2002
Procedural Posture
Civil Appeal / Application to Reinstate Applications for Permission to Appeal, and Application for Reference to European Court of Justice
Outcome
Applications refused
Legal Topics
Reinstatement of Applications, Permission to Appeal, Bankruptcy Orders, Summary Judgment, Disclosure, European Court of Justice Reference
Civil Procedure Bankruptcy Banking Law Reinstatement of Applications Permission to Appeal Bankruptcy Orders Summary Judgment Disclosure +1 more

Case Brief

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Parties

Victor Samuel Tassell

Applicant/claimant

National Westminster Bank PLC

Respondent/defendant

Marie Hetty Tassell

Applicant

Procedural Posture

Civil Appeal / Application to Reinstate Applications for Permission to Appeal, and Application for Reference to European Court of Justice

Legal Issues

  1. 1 Whether applications for permission to appeal should be reinstated after refusal in absence of applicants
  2. 2 Whether there is a reasonable prospect of success on appeal
  3. 3 Whether a question should be referred to the European Court of Justice

Ratio Decidendi

The applications to reinstate were refused because the applicants failed to show a good reason for their absence at the original hearing and failed to demonstrate a reasonable prospect of success on appeal. The issues raised had already been determined in previous proceedings, and the new evidence could have been obtained earlier. There was no proper question to refer to the European Court of Justice.

Court Disposition

Applications refused

Orders

  • All four applications for reinstatement and for reference to the European Court of Justice are refused.
  • A transcript of the judgment is to be provided to Mrs Tassell at public expense.