Altomart Limited v Salford Estates (No. 2) Ltd (Rev 1)

Altomart Limited v Salford Estates (No. 2) Ltd (Rev 1)

The Mitchell principles, as refined in Denton, apply to applications for extension of time to file a respondent’s notice, as the consequence of refusal is an implied sanction. However, in this case, the delay, though substantial, had no significant effect on the proceedings or prejudice to the appellant. The explanation for the delay was not persuasive but not decisive. Relief should be granted as the breach was not serious or significant in the Denton sense and there was no substantive prejudice.

Parties
Applicant/respondent: Altomart Limited; Respondent/appellant: Salford Estates (No. 2) Limited
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Civil Appeal / Application for Extension of Time to File Respondent’s Notice
Outcome
Application for extension of time granted
Legal Topics
Extension of Time, Relief From Sanctions, Appeal Procedure, Compliance With Rules
Civil Procedure Extension of Time Relief From Sanctions Appeal Procedure Compliance With Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Altomart Limited

Applicant/respondent

Salford Estates (No. 2) Limited

Respondent/appellant

Procedural Posture

Civil Appeal / Application for Extension of Time to File Respondent’s Notice

Legal Issues

  1. 1 Whether the Mitchell principles apply to an application for extension of time to file a respondent’s notice
  2. 2 Whether the delay in filing the respondent’s notice should be excused

Ratio Decidendi

The Mitchell principles, as refined in Denton, apply to applications for extension of time to file a respondent’s notice, as the consequence of refusal is an implied sanction. However, in this case, the delay, though substantial, had no significant effect on the proceedings or prejudice to the appellant. The explanation for the delay was not persuasive but not decisive. Relief should be granted as the breach was not serious or significant in the Denton sense and there was no substantive prejudice.

Court Disposition

Application for extension of time granted

Orders

  • Extension of time to file respondent’s notice granted
  • Applicant to bear costs occasioned by the application