Benson v Morrow Retail Ltd (t/a Morrows Supervalu) [2010] NIQB 140 (17 December 2010)

Benson v Morrow Retail Ltd (t/a Morrows Supervalu) [2010] NIQB 140 (17 December 2010)

The delay in serving the Notice of Appeal was wholly inexcusable, attributable to unacceptable professional practice by the plaintiff's solicitor. No good reason was offered for the failure to comply with the rules, and no legal point of substance was raised to justify an extension. The plaintiff had a full hearing on the merits, and the issue of discovery did not warrant reopening the matter.

Citation
[2010] NIQB 140
Parties
Plaintiff/appellant: Darren Benson; Defendant/respondent: Morrow Retail Limited t/a Morrows Supervalu
Jurisdiction
Northern Ireland
Judgment Date
17 December 2010
Procedural Posture
Appeal / Application to Extend Time for Service of Notice of Appeal
Outcome
Appeal dismissed; decision of Deputy Master affirmed
Legal Topics
Extension of Time, Service of Notice, Appeal Procedure, Discovery
Civil Procedure Extension of Time Service of Notice Appeal Procedure Discovery

Case Brief

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Parties

Darren Benson

Plaintiff/appellant

Morrow Retail Limited t/a Morrows Supervalu

Defendant/respondent

Procedural Posture

Appeal / Application to Extend Time for Service of Notice of Appeal

Legal Issues

  1. 1 Whether the court should exercise its discretion to extend time for service of Notice of Appeal
  2. 2 Whether there was a point of substance justifying extension
  3. 3 Whether failure to serve within time was excusable

Ratio Decidendi

The delay in serving the Notice of Appeal was wholly inexcusable, attributable to unacceptable professional practice by the plaintiff's solicitor. No good reason was offered for the failure to comply with the rules, and no legal point of substance was raised to justify an extension. The plaintiff had a full hearing on the merits, and the issue of discovery did not warrant reopening the matter.

Court Disposition

Appeal dismissed; decision of Deputy Master affirmed

Orders

  • Costs of the application awarded to the respondent