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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Graham v Hussain & Ors [2002] EWCA Civ 696 (18 April 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/696.html Cite as: [2002] EWCA Civ 696 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HALIFAX COUNTY COURT
(HIS HONOUR JUDGE PJB ARMSTRONG)
Strand London WC2 Thursday, 18th April 2002 |
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B e f o r e :
LORD JUSTICE ROBERT WALKER
-and-
LORD JUSTICE CARNWATH
____________________
JAMES SPENCE GRAHAM | Claimant/Respondent | |
- v - | ||
SAFDAR HUSSAIN | ||
PARVEEN HUSSAIN | ||
KARFAIT HUSSAIN | Defendants/Appellants |
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Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 020 7421 4040
Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
MR T HARTLEY (instructed by Wilkinson Woodward, Halifax HX1) appeared on behalf of the Respondent
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Crown Copyright ©
Thursday, 18th April 2002
"The appellants are out of time in which to seek permission to appeal. They were represented by Messrs Chadwick Lawrence solicitors until the 9th April 2001, and at no time were advised that there were any grounds for Appeal. Furthermore they were never advised as to the time limits for appeal."
"I am advised by Mrs Parveen Hussein that at no time have the Appellants been advised, nor were they aware, prior to seeing myself that there [were] any time limits in which to apply for permission to appeal. As a result they have been unaware that they were out of time to pursue such an appeal."
"I do not rescind the extension of time granted to the defendants but you are at liberty to draw the attention of the court to matters which you raise at paragraph 6 of section 6 of your amended respondent's notice."