Lemas & Anor v Williams & Anor (Costs) [2019] EWHC 2882 (Ch) (11 October 2019)

Lemas & Anor v Williams & Anor (Costs) [2019] EWHC 2882 (Ch) (11 October 2019)

The delay in appealing was both serious and significant, no good explanation was provided, and the merits of the proposed appeal were weak; justice required refusal of extension of time.

Citation
[2019] EWHC 2882 (Ch)
Parties
Claimant: Nathan Lemas; Claimant: George Sealy; Defendant: Winston Williams; Defendant: Roderick Lemas
Jurisdiction
England and Wales
Judgment Date
11 October 2019
Procedural Posture
Application for Extension of Time to Appeal / Post Judgment, Oral Hearing on Review of Refusal
Outcome
application dismissed
Legal Topics
Extension of Time, Appeals, Trustee Duties, Costs
Civil Procedure Trusts Extension of Time Appeals Trustee Duties Costs

Case Brief

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Parties

Nathan Lemas

Claimant

George Sealy

Claimant

Winston Williams

Defendant

Roderick Lemas

Defendant

Procedural Posture

Application for Extension of Time to Appeal / Post Judgment, Oral Hearing on Review of Refusal

Legal Issues

  1. 1 Whether there was a good explanation for delay in appealing
  2. 2 Whether extension of time for appeal should be granted
  3. 3 Merits of the proposed appeal

Ratio Decidendi

The delay in appealing was both serious and significant, no good explanation was provided, and the merits of the proposed appeal were weak; justice required refusal of extension of time.

Court Disposition

application dismissed

Orders

  • Refusal of extension of time for appealing
  • No permission to appeal granted