Abrahams v Sterling Credit Ltd.

Abrahams v Sterling Credit Ltd.

The application was dismissed because the applicant failed to satisfy the requirements of CPR 39.3(5): the lower courts found she did not act promptly, had no good reason for non-attendance, and was not credible. There was no compelling reason or important point of principle to justify a second-tier appeal under CPR 52.13(2).

Parties
Applicant/appellant: Corinne Abrahams; Respondent: Sterling Credit Ltd
Jurisdiction
England and Wales
Judgment Date
19 May 2003
Procedural Posture
Civil / Application for Permission to Appeal (second Tier)
Outcome
application dismissed
Legal Topics
Setting Aside Judgment, Possession Proceedings, Appeals Out of Time, Forgery Allegations
Civil Procedure Property Law Setting Aside Judgment Possession Proceedings Appeals Out of Time Forgery Allegations

Case Brief

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Parties

Corinne Abrahams

Applicant/appellant

Sterling Credit Ltd

Respondent

Procedural Posture

Civil / Application for Permission to Appeal (second Tier)

Legal Issues

  1. 1 Whether permission to appeal out of time against dismissal of application to set aside possession order should be granted
  2. 2 Whether the lower courts erred in rejecting the applicant's evidence and in findings of dishonesty/fraud

Ratio Decidendi

The application was dismissed because the applicant failed to satisfy the requirements of CPR 39.3(5): the lower courts found she did not act promptly, had no good reason for non-attendance, and was not credible. There was no compelling reason or important point of principle to justify a second-tier appeal under CPR 52.13(2).

Court Disposition

application dismissed

Orders

  • Application for permission to appeal out of time is dismissed.
  • No extension of time granted.