R G Carter Ltd v Clarke
| Jurisdiction | England & Wales |
| Judgment Date | 08 March 1990 |
| Date | 08 March 1990 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Donaldson of Lymington, Master of the Rolls, Lord Justice Stocker and Lord Justice Woolf
Practice - guidance on appeal applications
The Court of Appeal gave guidance on the new procedure introduced from October 1, 1989 by the substituted Order 59, rule 14(2) in The Supreme Court Practice 1988 Fifth Cumulative supplement relating to applications made to the Court of Appeal for leave to appeal.
The Court of Appeal granted an application by the defendant, David Clarke, for an inter partes review of the order made ex parte by Lord Justice Stuart-Smith granting the plaintiffs, R G Carter Ltd, leave to appeal from the decision of Mr Justice McCullough who had affirmed the district registrar's decision granting the defendant unconditional leave to defend on the plaintiffs' application for summary judgment under Order 14 of the Rules of the Supreme Court.
The Court of Appeal set aside the ex parte order made by Lord Justice Stuart-Smith and refused the plaintiffs leave to appeal.
Order 59, rule 14, as substituted, provides:
"(2) An application to the Court of Appeal for leave to appeal shall (a) include, where necessary, any application to extend time for appealing and (b) be made ex parte in writing setting out the reasons why leave should be granted and, if the time for appealing has expired, the reasons why the application was not made within that time; and the court may grant or refuse the application or direct that the application be renewed in open court either ex parte or inter partes.
"(2A) If an application under paragraph (2) is refused otherwise than after a hearing in open court, the applicant shall be entitled, within seven days after he has been given notice of the refusal, to renew his application; such renewal application shall be made ex parte in open court.
"(2B) If an application under paragraph (2) is granted otherwise than after a hearing inter partes, notice of the order shall be served on the party or parties affected by the appeal and any such party shall be entitled, within seven days after service of the notice, to apply to have the grant of leave reconsidered inter partes in open court.
Mr Mark Raeside for the defendant; Mr Derrick Turriff for the plaintiffs.
THE MASTER OF THE ROLLS said that in the ordinary course of events, a reconsideration of the grant of leave would have been by a single Lord Justice. His Lordship...
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