Rosa Malaga Cano v Beatriz Barclay & Ors [2017] EWHC 3562 (QB) (10 November 2017)

Rosa Malaga Cano v Beatriz Barclay & Ors [2017] EWHC 3562 (QB) (10 November 2017)

The application for adjournment was refused because the claimant had ample opportunity to prepare her appeal, and further delay would be unfair and disproportionate to the respondents, contrary to the overriding objective.

Citation
[2017] EWHC 3562 (QB)
Parties
Appellant: Rosa Malaga Cano; Respondents: Beatriz Barclay & Ors
Jurisdiction
England and Wales
Judgment Date
10 November 2017
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
application for adjournment refused
Legal Topics
Strike Out, Summary Judgment, Adjournment, Permission to Appeal, Costs
Civil Procedure Defamation Strike Out Summary Judgment Adjournment Permission to Appeal Costs

Case Brief

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Parties

Rosa Malaga Cano

Appellant

Beatriz Barclay & Ors

Respondents

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the application for adjournment should be granted
  2. 2 Whether the claimant had sufficient opportunity to present grounds of appeal
  3. 3 Whether the overriding objective under CPR 1.1 requires adjournment

Ratio Decidendi

The application for adjournment was refused because the claimant had ample opportunity to prepare her appeal, and further delay would be unfair and disproportionate to the respondents, contrary to the overriding objective.

Court Disposition

application for adjournment refused