Dispute Resolution analysis: In refusing a retrospective extension of time for filing of a respondent’s notice of appeal, Sweeney J has confirmed that the principles in CPR 3.9 on relief from sanctions as enunciated in Denton will be applied by the court. The respondent was debarred from relying at the appeal hearing on any matters which should have been included in the respondent’s notice. This decision is of interest to practitioners advising a respondent in receipt of an appeal notice.
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