Brewin Dolphin Securities Ltd v Kalaji & Anor [2002] EWCA Civ 1294 (17 July 2002)

Brewin Dolphin Securities Ltd v Kalaji & Anor [2002] EWCA Civ 1294 (17 July 2002)

The application for permission to appeal was refused because the conditional order was appropriate in the circumstances, the applicant failed to provide timely or sufficient evidence of inability to pay, and there was no reasonable prospect of success on appeal.

Citation
[2002] EWCA Civ 1294
Parties
Respondent: Brewin Dolphin Securities Ltd; Applicant: Mr Kalaji; Applicant: Feda Kalaji
Jurisdiction
England and Wales
Judgment Date
17 July 2002
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal, to Set Aside Stay of Execution Order, and for Stay of Proceedings
Outcome
Application for permission to appeal refused
Legal Topics
Setting Aside Default Judgment, Conditional Orders, Stay of Execution, Appeals Out of Time
Civil Procedure Debt Recovery Setting Aside Default Judgment Conditional Orders Stay of Execution Appeals Out of Time

Case Brief

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Parties

Brewin Dolphin Securities Ltd

Respondent

Mr Kalaji

Applicant

Feda Kalaji

Applicant

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal, to Set Aside Stay of Execution Order, and for Stay of Proceedings

Legal Issues

  1. 1 Whether the conditional order requiring payment into court as a condition for setting aside default judgment was appropriate
  2. 2 Whether the sum of £28,000 was appropriate given the applicant's financial position
  3. 3 Whether the application to vary or appeal the order was made in time and with sufficient evidence

Ratio Decidendi

The application for permission to appeal was refused because the conditional order was appropriate in the circumstances, the applicant failed to provide timely or sufficient evidence of inability to pay, and there was no reasonable prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused