Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant's Notice) [2022] EWCA Civ 1509 (11 November 2022)

Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant's Notice) [2022] EWCA Civ 1509 (11 November 2022)

In the absence of any rule, practice direction, or specific order requiring filing within office hours, electronic filing under PD 51O is effective up to midnight on the last day for filing. The Appellant's Notice was therefore filed in time.

Citation
[2022] EWCA Civ 1509
Parties
Defendant/appellant: Microsoft Ireland Operations Limited; Defendant/appellant: Microsoft Limited; Defendant/appellant: Microsoft Corporation; Claimant/respondent: JJH Enterprises Limited (trading as ValueLicensing)
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Civil Appeal / Review Under CPR 52.24(5) of Master's Order
Outcome
Appeal allowed; Master's order affirmed; Appellant's Notice deemed filed in time.
Legal Topics
Electronic Filing, Time Limits for Filing, Court of Appeal Procedure, Practice Directions
Civil Procedure Electronic Filing Time Limits for Filing Court of Appeal Procedure Practice Directions

Case Brief

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Parties

Microsoft Ireland Operations Limited

Defendant/appellant

Microsoft Limited

Defendant/appellant

Microsoft Corporation

Defendant/appellant

JJH Enterprises Limited (trading as ValueLicensing)

Claimant/respondent

Procedural Posture

Civil Appeal / Review Under CPR 52.24(5) of Master's Order

Legal Issues

  1. 1 Whether electronic filing of an Appellant's Notice under PD 51O may be done up to midnight on the last day or must be done by 4.30 p.m.

Ratio Decidendi

In the absence of any rule, practice direction, or specific order requiring filing within office hours, electronic filing under PD 51O is effective up to midnight on the last day for filing. The Appellant's Notice was therefore filed in time.

Court Disposition

Appeal allowed; Master's order affirmed; Appellant's Notice deemed filed in time.

Orders

  • Declaration that the Appellant's Notice was filed in time.