Morgan v Smalley

Morgan v Smalley

The appeal was dismissed because Miss Cole Morgan failed to act promptly in seeking to set aside the judgment, her delay was grossly excessive, and she did not demonstrate a reasonable prospect of success at trial. The judge's exercise of discretion was proper and beyond reproach.

Parties
Appellant/claimant: Miss Cole Morgan; Respondent/defendant: Mr Kenneth Smalley
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Setting Aside Judgment, Adjournment, CPR 39.3, Legal Aid, Fair Trial
Civil Procedure Setting Aside Judgment Adjournment CPR 39.3 Legal Aid Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Cole Morgan

Appellant/claimant

Mr Kenneth Smalley

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the refusal to adjourn and to set aside judgment was proper under CPR 39.3
  2. 2 Whether the appellant acted promptly, had good reason for non-attendance, and had a reasonable prospect of success
  3. 3 Whether Article 6 of the Human Rights Convention (right to fair trial) was engaged

Ratio Decidendi

The appeal was dismissed because Miss Cole Morgan failed to act promptly in seeking to set aside the judgment, her delay was grossly excessive, and she did not demonstrate a reasonable prospect of success at trial. The judge's exercise of discretion was proper and beyond reproach.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs