Lidl (UK) GmbH v Curleys Ltd & Anor [2002] NICA 16 (08 March 2002)

Lidl (UK) GmbH v Curleys Ltd & Anor [2002] NICA 16 (08 March 2002)

The balance does not favour exercising discretion to extend time; appellant had full opportunity to argue merits and law; rules of court and values of certainty and finality outweigh arguments for extension.

Citation
[2002] NICA 16
Parties
Applicant Appellant: LIDL (UK) GmbH; Objector Respondent: Curleys Limited; Objector Respondent: Seamus Kearney
Jurisdiction
Northern Ireland
Judgment Date
08 March 2002
Procedural Posture
Application for Extension of Time to Apply for Case Stated / Court of Appeal Decision
Outcome
application dismissed
Legal Topics
Extension of Time, Case Stated Procedure, Intoxicating Liquor Licence, EC Treaty Article 30, Discretion in Procedural Rules
Licensing Law European Union Law Civil Procedure Extension of Time Case Stated Procedure Intoxicating Liquor Licence EC Treaty Article 30 Discretion in Procedural Rules

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Parties

LIDL (UK) GmbH

Applicant Appellant

Curleys Limited

Objector Respondent

Seamus Kearney

Objector Respondent

Procedural Posture

Application for Extension of Time to Apply for Case Stated / Court of Appeal Decision

Legal Issues

  1. 1 Whether extension of time should be granted for application to state a case
  2. 2 Whether Article 7(4)(e)(i) of the Licensing (Northern Ireland) Order 1996 contravenes Article 30 of the EC Treaty
  3. 3 Whether the Lord Justice properly exercised discretion regarding the appellant's application

Ratio Decidendi

The balance does not favour exercising discretion to extend time; appellant had full opportunity to argue merits and law; rules of court and values of certainty and finality outweigh arguments for extension.

Court Disposition

application dismissed

Orders

  • application for extension of time refused