Dispute Resolution: key appeal cases—2014 [Archived]

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute Resolution: key appeal cases—2014 [Archived]
  • Court of Appeal—retrospective applications to extend time for the appellant's notice analogous to relief from sanctions applications
  • Judgment and analysis
  • Case details
  • Court of Appeal—third party debt order
  • Judgment and analysis
  • Case details
  • Court of Appeal—estoppel
  • Judgment and analysis
  • Case details
  • More...

Dispute Resolution: key appeal cases—2014 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

Court of Appeal—retrospective applications to extend time for the appellant's notice analogous to relief from sanctions applications

The Court of Appeal has held applications for a retrospective extension of time in which to file a notice of appeal are analogous to relief from sanctions applications. As such, the principles set out in Mitchell and Denton apply. The analogy applies due to 12 years' of authorities which have established there is an implied sanction in failing to comply with the time-limits set out in CPR 52.4(2), namely the loss of ability to seek to pursue an appeal.

This judgment is particularly useful to practitioners in clarifying any misunderstandings on the meaning or effect of CPR 52.4 and/or CPR 52.6. It also addresses particular considerations, including public law versus private law, public bodies, litigants in person, funding problems, merits of the substantive appeal, etc in the context of late notices of appeal and case management compliance.

Judgment and analysis

  1. Judgment: R (on the application of Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadienisi; May v Robinson

  2. See News Analysis: Court of Appeal: Denton applies to late appeal notices (Hysaj)

Case details

  1. Court: Court of Appeal (Civil Division)

  2. Judges: Lord Justice Moore-Bick gave judgment with Lord Justice Tomlinson and Lord Justice

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