Messer v Messer & Anor

Messer v Messer & Anor

The Court of Appeal has no jurisdiction to entertain an application to set aside or review its previous orders except under the strict criteria of CPR 52.17, and no such application has been properly made. The underlying application is without merit and is refused.

Parties
Applicant: Thanom Messer; Respondent: David Messer; Second Defendant: Michael Messer
Jurisdiction
England and Wales
Judgment Date
23 March 2005
Procedural Posture
Civil Appeal / Ruling on Applications for Adjournment and to Set Aside Possession Order
Outcome
Applications refused
Legal Topics
Possession Orders, Committal for Contempt, Jurisdiction of Court of Appeal, Reopening Appeals
Civil Procedure Property Law Possession Orders Committal for Contempt Jurisdiction of Court of Appeal Reopening Appeals

Case Brief

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Parties

Thanom Messer

Applicant

David Messer

Respondent

Michael Messer

Second Defendant

Procedural Posture

Civil Appeal / Ruling on Applications for Adjournment and to Set Aside Possession Order

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to set aside or review its previous orders regarding possession and committal
  2. 2 Whether the applicant is entitled to an oral hearing under CPR 52.16
  3. 3 Whether the criteria under CPR 52.17 for reopening a final determination are met

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an application to set aside or review its previous orders except under the strict criteria of CPR 52.17, and no such application has been properly made. The underlying application is without merit and is refused.

Court Disposition

Applications refused

Orders

  • Application for adjournment refused
  • Application to set aside possession order refused