The plaintiff applied for an extension of time to file her appeal having been given leave ex parte. The defendant opposed the application. She had been awarded damages for wrongful eviction, but the level of damages awarded had been less than the sum paid in by the defendant, and so she was liable in costs. She said that the court had not taken account of a painting removed by the defendant. Her solicitors had been at fault in calculating the day on which the appeal had to be filed.
Held: Leave to file the appeal out of time was given. The delay was trivial, and there had been no prejudice arising from it.
Judges:
Peter Gibson, Auld LJJ
Citations:
[1999] EWCA Civ 958
Jurisdiction:
England and Wales
Citing:
See Also – Hougie v Kranat CA 26-Nov-1998
The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 05 December 2022; Ref: scu.145873
