Sayers v Clarke Walker (a firm) [2002] EWCA Civ 645 (14th May, 2002)

Sayers v Clarke Walker (a firm) [2002] EWCA Civ 645 (14th May, 2002)

In complex cases, the court should apply the checklist in CPR 3.9 when considering applications for extension of time to appeal under CPR 52.4(2), taking into account all the circumstances, including the interests of justice, promptness, reasons for delay, compliance history, and prejudice to the parties. In this case, despite the defendants’ solicitors’ error and history of delay, the court exercised its discretion to grant an extension of time, considering the circumstances and the need for fairness.

Citation
[2002] EWCA Civ 645
Parties
Claimant/respondent: Michael Patrick Sayers; Defendants/appellants: Clarke Walker (A firm)
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal (professional Negligence) / Application for Extension of Time and Permission to Appeal
Outcome
Extension of time for appealing granted; further hearing to be fixed for oral submissions on permission to appeal.
Legal Topics
Extension of Time for Appeal, CPR 52.4(2), CPR 3.1(2), Relief From Sanctions, Appellate Practice, Professional Negligence by Accountants
Civil Procedure Professional Negligence Extension of Time for Appeal CPR 52.4(2) CPR 3.1(2) Relief From Sanctions Appellate Practice Professional Negligence by Accountants

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Parties

Michael Patrick Sayers

Claimant/respondent

Clarke Walker (A firm)

Defendants/appellants

Procedural Posture

Civil Appeal (professional Negligence) / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the court should grant an extension of time for appealing under CPR 52.4(2) and CPR 3.1(2)
  2. 2 What principles govern the exercise of discretion to extend time for appeal under the CPR regime

Ratio Decidendi

In complex cases, the court should apply the checklist in CPR 3.9 when considering applications for extension of time to appeal under CPR 52.4(2), taking into account all the circumstances, including the interests of justice, promptness, reasons for delay, compliance history, and prejudice to the parties. In this case, despite the defendants’ solicitors’ error and history of delay, the court exercised its discretion to grant an extension of time, considering the circumstances and the need for fairness.

Court Disposition

Extension of time for appealing granted; further hearing to be fixed for oral submissions on permission to appeal.

Orders

  • Extension of time for filing appellant’s notice granted to defendants.
  • Further 30-minute hearing to be fixed for oral submissions on merits of proposed appeal.