25/4/23
MEHMI v REID-BOBERTS [2023] EWHC 1174 (Ch)
An application to extend time to file notice of appeal must be approached as an application for relief from sanction (R (Hysaj) v Secretary of State, 2015). A 78 day delay appealing a possession order was serious and significant because it was so long and the appeal notice had only been issued after the respondents had sought to enforce the order by instructing bailiffs. There was a clear inference that it was only this that caused the appellant to seek to appeal. The fact that the appellant was a litigant in person was not a good reason for failing to comply with the rules. It was relevant that the claim concerned the appellant’s home, but against that the respondents had been entitled to conclude that the appellant had decided not to appeal, and this was a case in which the court could reach a clear view that the appeal lacked merit.
29/5/20
DE SENA v NOTARO [2020] EWHC 1379 (Ch)
As no application had been made by the time the court handed down judgment, for permission to appeal or for an adjournment or an extension of time to file any appellant's notice with the Court of Appeal, no further application could be made to the trial judge for permission to appeal.
15/1/19
McDONALD v ROSE [2019] EWCA Civ 4
Summarises principles for applying for extensions of time in connection with permission to appeal [21]. If a party seeks an adjournment of a decision hearing in order to have more time to make an application for permission to appeal, they should also seek an extension of time for filing the appellant's notice, otherwise they risk running out of time before the permission decision is made. The 21 days continue to run from the decision date, and an adjournment of the decision hearing does not automatically extend time. On the facts time had expired and an extension of time was refused applying usual considerations for relief from sanctions and because the appeal did not have a real prospect of success. It turned on issues of reliability of witness evidence where the appellate court should not interfere with the trial judge’s conclusions.
16/12/14
R (HYSAJ) v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2014] EWCA Civ 1633
The Denton principles for relief from sanction apply to applications to appeal out of time. Shortage of funds or inability to pay for legal representation is not good reason for delay [43], nor does the mere fact of being unrepresented provide good reason for not adhering to the rules [44]. Only in those cases where the court can see without much investigation that the grounds of appeal are either very strong or very weak will the merits have a significant part to play when it comes to balancing the various factors that have to be considered [46].