Agarwala v Agarwala
| Jurisdiction | England & Wales |
| Judge | Lord Justice Longmore,Lady Justice King,Lord Justice David Richards |
| Judgment Date | 08 December 2016 |
| Neutral Citation | [2016] EWCA Civ 1252 |
| Date | 08 December 2016 |
| Court | Court of Appeal (Civil Division) |
[2016] EWCA Civ 1252
COURT OF APPEAL
Before Lord Justice Longmore, Lady Justice King and Lord Justice David Richards
In longstanding litigation involving litigants in person, judges were entitled, as part of their general case management powers, to put in place strict directions regulating communications with the court, and litigants should understand that communications sent in contravention of those directions would be ignored.
The Court of Appeal so stated, inter alia, on December 8, 2016, when allowing, in part, the appeal of the defendant, Jaci Agarwala, from a decision of Judge Moloney, QC, sitting in the Cambridge County Court and Family Court on April 30, 2015, whereby he held that the defendant, who was the legal owner of a property used first for a bedand-breakfast business and later as student accommodation, was to pay a sum to the claimant, Sunil Agarwala, her brother-in-law and the sole beneficial owner of the property, by way of equitable compensation in the form of an account for loss of profits.
Ms Cheryl Jones (instructed via the Direct Public Access scheme) for the defendant. The claimant appeared in person.
LADY JUSTICE KING, having allowed the appeal in part, said that the present litigation had been running almost continuously for seven years. It had taken up countless court and judge hours since both parties, incapable of compro-mise, had bombarded the court with endless applications, such that counsel for the defendant now told the court that the judge had had to make orders that neither party was permitted to make an application without the leave of the court.
The refusal of either party to accept any ruling or decision of the court had meant that the court staff and judge had been inundated with emails, which they had to deal with as best they could, with limited time and even more limited resources. The...
To continue reading
Request your trial
-
Re A (A Child) (supervised contact) (s91(14) Children Act 1989 orders)
...be regarded as the real issues going to the welfare of the children concerned. 37 I referred to similar problems in a civil context in Agarwala v Agarwala [2016] EWCA Civ 1252 ( Agarwala) where I said at [72] that: “Whilst every judge is sympathetic to the challenges faced by litigants in ......
-
Re X and Others
...regarded as the real issues going to the welfare of the children concerned. 37. I referred to similar problems in a civil context in Agarwala v Agarwala [2016] EWCA Civ 1252 where I said at [72] that: “Whilst every judge is sympathetic to the challenges faced by litigants in person, justic......
-
Ulster Bank and Sean Murphy
...ignores directions of the court, who fails to turn up or on other occasion turns up late. As King LJ said in Agarwala v Agarwala (2016) EWCA Civ 1252 at para [72]: “Whilst every judge is sympathetic to the challenges faced by litigants in person, justice simply cannot be done through a torr......
-
In the Matter of NS (No 2)
...speeches. The court arena is not a ‘free for all.’ I adopt the dicta of Lady Justice King in a recent case of Agarwala v Agarwala [2016] EWCA Civ. 1252 at paragraph [72] which reads as follows: “Whilst every judge is sympathetic to the challenges faced by litigants in person, justice simply......
-
The Color of Kinship
...Julie Hirschfeld Davis & Robert Pear, Trump Issues Executive Order Scaling Back Parts of Obamacare, N.Y. TIMES (Jan. 20, 2017), https://www.nytimes.com/2017/ 01/20/us/politics/trump-executive-order-obamacare.html ; Derek Thompson, Trump Has a Message for Poor Immigrants: Get Out, ATLANTIC (......
-
When Genealogy Matters: Intercountry Adoption, International Human Rights, and Global Neoliberalism.
...including rights of political participation described in supra Part II.B.2.b. (326.) Opinion. What the Women's March Stands For, N.Y. TIMES (Jan. 20, 2017), https://www.nytimes.com/2017/01/20/opinion/what-the-womens-march-stands-for.html?mtrref=www.google.com&gwh=5ADA0978EA305B0BC57E49D......
-
Andreas von Hirsch, Deserved Criminal Sentences: An Overview, London: Bloomsbury, 2017, 165 pp, hb £50.00.
...far to help whilst keeping totime and without disadvantaging the other side? Chapter 6 cites Lady JusticeKing in Agarwala v Agarwala [2016] EWCA Civ 1252 explaining how this canall too easily extend the length of proceedings (95). Both parties were unrepre-sented in Agarwala. In cases of ‘u......
-
Mavis MacLean and John Eekelaar, After the Act: Access to Family Justice after LASPO, Oxford: Hart Publishing, 2019, 197 pp, hb £54.00.
...far to help whilst keeping totime and without disadvantaging the other side? Chapter 6 cites Lady JusticeKing in Agarwala v Agarwala [2016] EWCA Civ 1252 explaining how this canall too easily extend the length of proceedings (95). Both parties were unrepre-sented in Agarwala. In cases of ‘u......