Foenander v Bond Lewis & Co [2001] EWCA Civ 759 (23 May 2001)

Foenander v Bond Lewis & Co [2001] EWCA Civ 759 (23 May 2001)

Under the CPR regime, refusal to extend time for appealing is appealable to the Court of Appeal, subject to permission, as it is distinct from refusal of leave to appeal, which is not appealable under section 54(4) of the Access to Justice Act 1999.

Citation
[2001] EWCA Civ 759
Parties
Claimant/appellant: Johan Michael Richard Foenander; Defendant/respondent: Bond Lewis & Co
Jurisdiction
England and Wales
Judgment Date
23 May 2001
Procedural Posture
Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Permission to rely on further evidence granted; application listed for hearing.
Legal Topics
Appeals, Extension of Time, Jurisdiction, Professional Negligence
Civil Procedure Appeals Extension of Time Jurisdiction Professional Negligence

Case Brief

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Parties

Johan Michael Richard Foenander

Claimant/appellant

Bond Lewis & Co

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether refusal to extend time for appealing is appealable under the new CPR regime
  2. 2 Distinction between refusal of leave to appeal and refusal to extend time
  3. 3 Jurisdiction of Court of Appeal under CPR and Access to Justice Act 1999

Ratio Decidendi

Under the CPR regime, refusal to extend time for appealing is appealable to the Court of Appeal, subject to permission, as it is distinct from refusal of leave to appeal, which is not appealable under section 54(4) of the Access to Justice Act 1999.

Court Disposition

Permission to rely on further evidence granted; application listed for hearing.

Orders

  • Permission to rely on further evidence granted.
  • Application listed for hearing before Lord Justice Brooke.