Tinkler & Anor v Elliott [2012] EWCA Civ 1289 (10 October 2012)

Tinkler & Anor v Elliott [2012] EWCA Civ 1289 (10 October 2012)

The requirement of promptness under CPR 39.3(5) was not satisfied by Mr Elliott; neither his mental health nor his status as a litigant in person justified the delay. The judge below erred in finding promptness based on excessive indulgence for a litigant in person. The appeal is allowed and the order setting aside...

Source-derived case information.

Citation
[2012] EWCA Civ 1289
Parties
Appellant: Tinkler & Anr; Respondent: Elliott
Jurisdiction
England and Wales
Judgment Date
10 October 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Setting Aside Judgment, Promptness Requirement, Civil Restraint Orders, Litigant in Person, Mental Health in Litigation
Civil Procedure Contempt of Court Setting Aside Judgment Promptness Requirement Civil Restraint Orders Litigant in Person Mental Health in Litigation

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Summary, issues, holding and outcome

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Parties

Tinkler & Anr

Appellant

Elliott

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Elliott acted promptly in applying to set aside the order made in his absence under CPR 39.3(3)
  2. 2 Interpretation of 'promptness' under CPR 39.3(5)
  3. 3 Impact of mental health and litigant in person status on promptness

Ratio Decidendi

The requirement of promptness under CPR 39.3(5) was not satisfied by Mr Elliott; neither his mental health nor his status as a litigant in person justified the delay. The judge below erred in finding promptness based on excessive indulgence for a litigant in person. The appeal is allowed and the order setting aside the judgment is reversed.

Court Disposition

Appeal allowed

Orders

  • Order setting aside judgment and order of Judge Tetlow reversed
  • Sharp J's decision set aside