Microsoft Ireland Operations Limited & Ors v JJH Enterprises Limited (trading as ValueLicensing)

Microsoft Ireland Operations Limited & Ors v JJH Enterprises Limited (trading as ValueLicensing)

In the absence of an explicit provision or order requiring filing within office hours, electronic filing under Practice Direction 51O is valid up to midnight on the last day, and the Appellant’s Notice was filed in time.

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; review dismissed; Master's order affirmed
Legal Topics
Electronic Filing, Time Limits for Filing, Practice Directions, Appellate Procedure
Civil Procedure Electronic Filing Time Limits for Filing Practice Directions Appellate Procedure

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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 an Appellant’s Notice filed electronically under Practice Direction 51O may be filed up to midnight on the last day or must be filed by 4.30 p.m.

Ratio Decidendi

In the absence of an explicit provision or order requiring filing within office hours, electronic filing under Practice Direction 51O is valid up to midnight on the last day, and the Appellant’s Notice was filed in time.

Court Disposition

Appeal allowed; review dismissed; Master's order affirmed

Orders

  • Declaration that the Appellant’s Notice was filed in time