Barnes v Woolwich Plc & Anor [2001] EWCA Civ 1165 (18 June 2001)

The application was dismissed as hopeless and overtaken by events, since the hearing in question had already been adjourned, rendering the appeal futile.

Source-derived case information.

Citation: [2001] EWCA Civ 1165
Parties: Applicant: Peter Michael Barnes; Respondents: Woolwich PLC & Anr
Jurisdiction: England and Wales
Judgment Date: 18 June 2001
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal and Stay of Execution
Outcome: Application dismissed
Legal Topics: Adjournment, Stay of Execution, Permission to Appeal, Bankruptcy

Civil Procedure Adjournment Stay of Execution Permission to Appeal Bankruptcy

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Peter Michael Barnes

Applicant

Woolwich PLC & Anr

Respondents

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal and Stay of Execution

Legal Issues

1 Whether the refusal to adjourn the hearing until after the bankruptcy review was correct
2 Whether there was merit in granting permission to appeal or a stay of execution

Ratio Decidendi

The application was dismissed as hopeless and overtaken by events, since the hearing in question had already been adjourned, rendering the appeal futile.

Court Disposition

Application dismissed

Orders

Renewed application for permission to appeal and stay of execution refused

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