Holmes -v- Lingard [2017] JCA 202 (29 November 2017)

Holmes -v- Lingard [2017] JCA 202 (29 November 2017)

Leave to appeal out of time refused due to unexplained delay, lack of merit in grounds of appeal, and absence of prejudice to Plaintiff as damages could be enforced against Respondents' assets.

Citation
[2017] JCA 202
Parties
Plaintiff/appellant: Shane Michael Holmes; Respondent: Harry James Lingard; Respondent: HJL Holdings Limited; Respondent: Angel Fish Limited
Jurisdiction
Jersey
Judgment Date
29 November 2017
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time refused.
Legal Topics
Extension of Time, Interim Injunctions, Appeal Process
Civil Procedure Extension of Time Interim Injunctions Appeal Process

Case Brief

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Parties

Shane Michael Holmes

Plaintiff/appellant

Harry James Lingard

Respondent

HJL Holdings Limited

Respondent

Angel Fish Limited

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether interim injunctions should be reinstated
  3. 3 Whether costs should be awarded to the Plaintiff

Ratio Decidendi

Leave to appeal out of time refused due to unexplained delay, lack of merit in grounds of appeal, and absence of prejudice to Plaintiff as damages could be enforced against Respondents' assets.

Court Disposition

Leave to appeal out of time refused.

Orders

  • Leave to appeal out of time is refused.