Hysaj, R (On the Application Of) v Secretary of State for the Home Department

Hysaj, R (On the Application Of) v Secretary of State for the Home Department

Applications for extension of time to file a notice of appeal after the time limit has expired are to be determined in accordance with the principles applicable to applications for relief from sanctions under CPR 3.9, as set out in Mitchell and Denton. The court must apply the three-stage test: assess the seriousness and significance of the breach, consider the reasons for the default, and evaluate all the circumstances of the case, giving particular weight to the need for litigation to be conducted efficiently and at proportionate cost, and to enforce compliance with rules and orders. Public law cases and litigants in person are not entitled to special treatment, and ignorance of the...

Parties
Claimant/appellant: Dinjan Hysaj; Defendant/respondent: Secretary of State for the Home Department; Claimant/respondent: Reza Fathollahipour; Defendant/appellant: Bahram Aliabadibenisi; Claimant/respondent: Christine May; Defendant/appellant: John Robinson
Jurisdiction
England and Wales
Judgment Date
16 December 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Applications for Extension of Time to File Notice of Appeal
Outcome
Extension of time granted in Hysaj; refused in Fathollahipour and May cases.
Legal Topics
Extension of Time, Relief From Sanctions, Appeal Procedure, Civil Procedure Rules (cpr), Public Law Appeals
Civil Procedure Extension of Time Relief From Sanctions Appeal Procedure Civil Procedure Rules (cpr) Public Law Appeals

Case Brief

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Parties

Dinjan Hysaj

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Reza Fathollahipour

Claimant/respondent

Bahram Aliabadibenisi

Defendant/appellant

Christine May

Claimant/respondent

John Robinson

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Applications for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether applications for extension of time to file a notice of appeal should be treated as applications for relief from sanctions under CPR 3.9
  2. 2 Whether the principles in Mitchell and Denton apply to such applications
  3. 3 Whether public law cases or litigants in person should be treated differently in extension of time applications

Ratio Decidendi

Applications for extension of time to file a notice of appeal after the time limit has expired are to be determined in accordance with the principles applicable to applications for relief from sanctions under CPR 3.9, as set out in Mitchell and Denton. The court must apply the three-stage test: assess the seriousness and significance of the breach, consider the reasons for the default, and evaluate all the circumstances of the case, giving particular weight to the need for litigation to be conducted efficiently and at proportionate cost, and to enforce compliance with rules and orders. Public law cases and litigants in person are not entitled to special treatment, and ignorance of the...

Court Disposition

Extension of time granted in Hysaj; refused in Fathollahipour and May cases.

Orders

  • Extension of time to file notice of appeal granted to Dinjan Hysaj.
  • Extension of time to file notice of appeal refused to Bahram Aliabadibenisi.