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PI Brief Update

Extensions of Time to File Notices of Appeal and Relief From Sanctions - Ruwena Khan, Zenith Chambers

08/01/15. R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633. CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.

The Court of Appeal has ruled that extensions of time to file notices of appeal under CPR r.3.1(2)(a) had to be determined using the principles governing applications for relief from sanctions under CPR r.3.9. Where a case involves questions of public law or litigants in person or parties who could not afford legal representation, there was no justification for a more lenient approach. In such circumstances, the merits of the substantive appeal would have little relevance in deciding whether to extend time...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.