Nathan v Smilovitch and Another: CA 13 May 2002

Application to set aside leave to appeal.
Held: It is a rare case in which, once permission to appeal has been granted it is appropriate to set it aside.

Judges:

Peter Gibson, Jonathan Parker, Longmore LJJ

Citations:

[2002] EWCA Civ 759

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoNathan v Smilovitch and Another CA 1-Mar-2002
Application for leave to appeal. . .
CitedThe Iran Nabuvat CA 1990
The full Court of Appeal will not interfere with an order of a Single Lord Justice granting leave unless the applicant can show a factor not considered by the Lord Justice which would have the effect of rendering the appeal in respect of which leave . .
CitedSmith v Cosworth Casting Processes Ltd CA 1-May-1997
A judge correctly decided not to exercise his discretion to extend time for leave to appeal where no factual basis had been given for the late application to set aside a judgment.
Lord Woolf MR said: ‘it should be borne in mind prior to making . .

Cited by:

See AlsoNathan v Smilovitch CA 8-Nov-2002
. .
CitedAgbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
CitedOtkritie International Investment Management and Others v Urumov CA 14-Oct-2014
The claimants brought proceedings against several defendants. There had been a series of hearings conducted by a single judge leading to findings that several defendants had been involved in a fraud. The defendants sought recusal of that judge . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 23 June 2022; Ref: scu.217203