Lemas & Anor v Williams & Anor (Costs)

Lemas & Anor v Williams & Anor (Costs)

The application for extension of time was refused because the delay was both serious and significant, there was no satisfactory explanation for the delay, and the merits of the proposed appeal were weak. The interests of justice did not warrant granting the extension.

Parties
Claimant: Nathan Lemas; Claimant: George Sealy; Defendant: Winston Williams; Defendant: Roderick Lemas
Jurisdiction
England and Wales
Judgment Date
11 October 2019
Procedural Posture
Civil / Application for Extension of Time to Appeal; Costs Judgment
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Costs, Trustee Duties, Relief From Sanctions
Civil Procedure Trusts Law Extension of Time to Appeal Costs Trustee Duties Relief From Sanctions

Case Brief

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Parties

Nathan Lemas

Claimant

George Sealy

Claimant

Winston Williams

Defendant

Roderick Lemas

Defendant

Procedural Posture

Civil / Application for Extension of Time to Appeal; Costs Judgment

Legal Issues

  1. 1 Whether there was a good reason to grant an extension of time for appealing the order of 17 December 2018
  2. 2 Whether the delay in filing the appeal was serious and significant and if there was a satisfactory explanation
  3. 3 Whether the merits of the proposed appeal justified granting an extension

Ratio Decidendi

The application for extension of time was refused because the delay was both serious and significant, there was no satisfactory explanation for the delay, and the merits of the proposed appeal were weak. The interests of justice did not warrant granting the extension.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to appeal is refused