McGuire v Rose

The interests of justice require that the appellant's newly instructed counsel be given adequate time to prepare, justifying adjournment despite respondent's opposition.

Parties: Appellant: McGuire; Respondent: Rose
Jurisdiction: England and Wales
Judgment Date: 29 November 2012
Procedural Posture: Civil Appeal / Application for Permission to Appeal; Adjournment
Outcome: application adjourned
Legal Topics: Adjournment, Permission to Appeal, Additional Evidence

Civil Procedure Adjournment Permission to Appeal Additional Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

McGuire

Appellant

Rose

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Adjournment

Legal Issues

1 Whether to grant an adjournment of the application for permission to appeal
2 Whether to allow potential application to adduce additional evidence

Ratio Decidendi

The interests of justice require that the appellant's newly instructed counsel be given adequate time to prepare, justifying adjournment despite respondent's opposition.

Court Disposition

application adjourned

Orders

Application for permission to appeal adjourned to be relisted not before 1 February 2013 on a date convenient to counsel.