Brooks v Middleton [2001] EWCA Civ 899 (1 May 2001)

Brooks v Middleton [2001] EWCA Civ 899 (1 May 2001)

Given the protracted and unsatisfactory litigation history, the applicant's prevarication, and the need for certainty and expedition in litigation, it is not in the interests of justice to allow the application for extension of time and reinstatement of the appeal.

Citation
[2001] EWCA Civ 899
Parties
Respondent: Brooks; Applicant: Middleton
Jurisdiction
England and Wales
Judgment Date
01 May 2001
Procedural Posture
Civil Appeal / Application for Permission to Reinstate Appeal, Extension of Time, and Disclosure
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Reinstatement of Appeal, Interests of Justice
Civil Procedure Family Law Extension of Time Leave to Appeal Reinstatement of Appeal Interests of Justice

Case Brief

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Parties

Brooks

Respondent

Middleton

Applicant

Procedural Posture

Civil Appeal / Application for Permission to Reinstate Appeal, Extension of Time, and Disclosure

Legal Issues

  1. 1 Whether the court should grant an extension of time to renew an application for leave to appeal
  2. 2 Whether the interests of justice require the reinstatement of the appeal

Ratio Decidendi

Given the protracted and unsatisfactory litigation history, the applicant's prevarication, and the need for certainty and expedition in litigation, it is not in the interests of justice to allow the application for extension of time and reinstatement of the appeal.

Court Disposition

Application dismissed

Orders

  • Application for permission to reinstate appeal, extension of time, and disclosure dismissed