Crayford Estates Ltd v Dhillon [2013] EWHC 4734 (Ch) (12 June 2013)

Crayford Estates Ltd v Dhillon [2013] EWHC 4734 (Ch) (12 June 2013)

The appellant failed to provide a full and particularised explanation of all communications with the transcribers and the court as required by the previous order, and did not demonstrate compelling circumstances justifying a further extension of time. The court was not satisfied that all proper steps had been taken to obtain the transcripts promptly. Accordingly, the application for extension of time was refused and the appeal stood struck out.

Citation
[2013] EWHC 4734 (Ch)
Parties
Claimant: Crayford Estates Limited; Defendant: Simer Dhillon
Jurisdiction
England and Wales
Judgment Date
12 June 2013
Procedural Posture
Application for Extension of Time in Appeal Proceedings / Substantive Application for Extension of Time Following Unless Order
Outcome
Application for extension of time refused; appeal struck out; costs awarded to respondent.
Legal Topics
Extension of Time, Unless Order, Appeal Procedure, Compliance With Court Orders, Costs
Civil Procedure Extension of Time Unless Order Appeal Procedure Compliance With Court Orders Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Crayford Estates Limited

Claimant

Simer Dhillon

Defendant

Procedural Posture

Application for Extension of Time in Appeal Proceedings / Substantive Application for Extension of Time Following Unless Order

Legal Issues

  1. 1 Whether the appellant should be granted a further extension of time to comply with an unless order for filing transcripts in support of a late appeal
  2. 2 Whether the appellant provided a full and particularised explanation for the delay in obtaining transcripts

Ratio Decidendi

The appellant failed to provide a full and particularised explanation of all communications with the transcribers and the court as required by the previous order, and did not demonstrate compelling circumstances justifying a further extension of time. The court was not satisfied that all proper steps had been taken to obtain the transcripts promptly. Accordingly, the application for extension of time was refused and the appeal stood struck out.

Court Disposition

Application for extension of time refused; appeal struck out; costs awarded to respondent.

Orders

  • Application for extension of time refused
  • Appeal by Crayford Estates struck out