The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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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: R (on the application of Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadienisi; May v Robinson
See News Analysis: Court of Appeal: Denton applies to late appeal notices (Hysaj)
Court: Court of Appeal (Civil Division)
Judges: Lord Justice Moore-Bick gave judgment with Lord Justice Tomlinson and Lord Justice King in agreement.
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