Gezer v Secretary Of State For Home Department & Ors

[2004] EWCA Civ 510

Case details

Case citations
[2004] EWCA Civ 510
Court
Court of Appeal (Civil Division)
Judgment date
2 April 2004
Judgment text

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Subjects
Civil procedure Appellate procedure
Keywords
adjournment of appeal relisting procedural directions reserved judgment
Outcome
appeal adjourned
Judicial consideration

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Summary

The appeal was adjourned so that the appellant’s counsel could consider a judgment in another case and address its relevance when the appeal was relisted. No substantive legal issue was determined.

Factual background

This was an appeal from the High Court Administrative Court before Mr Justice Moses. The Court of Appeal apologised for the delay and adjourned the appeal to allow the appellant’s counsel to consider a judgment in another case. The appeal was to be relisted after that judgment was handed down.

Held

Lord Justice Ward recorded that the situation was unfortunate and that the court wished to apologise to the appellants and their family for the delay.

  1. The appeal was adjourned.
  2. The matter was reserved to Lord Justice Laws.
  3. The listing office was asked to list the appeal as soon as reasonably practicable after judgment was handed down in the other case, so that the appellant’s counsel could consider and address it.

The court made no determination on the substantive issues in the appeal.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): In [2004] EWCA Civ 510, the appeal was adjourned and reserved to Lord Justice Laws.
  • High Court Administrative Court: The appeal was from a decision of Mr Justice Moses. The citation and substantive outcome of that decision were not stated in the judgment.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal adjourned

Key cases cited

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Cases citing this case

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