Hysaj, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1633 (16 December 2014)

Hysaj, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1633 (16 December 2014)

Applications for extension of time to file a notice of appeal after the time limit has expired are to be determined by applying the same principles as applications for relief from sanctions under CPR 3.9, as set out in Mitchell and Denton. Ignorance of the rules, lack of funds, or being a litigant in person do not constitute good reasons for delay. The merits of the appeal are only relevant if they are exceptionally clear. The established approach is too well settled to be overturned by reference to contrary arguments or foreign authority.

Citation
[2014] EWCA Civ 1633
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
Appeals (joined) From the High Court (queen's Bench Division, Administrative Court) / Application for Extension of Time to File Notice of Appeal
Outcome
Extension of time granted in Hysaj; refused in Fathollahipour v Aliabadibenisi and May v Robinson.
Legal Topics
Extension of Time for Appeal, Relief From Sanctions, Civil Procedure Rules (cpr), Costs Orders, Judicial Review, Freezing Injunctions, Mental Health Act Proceedings
Civil Procedure Public Law Extension of Time for Appeal Relief From Sanctions Civil Procedure Rules (cpr) Costs Orders Judicial Review Freezing Injunctions +1 more

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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

Appeals (joined) From the High Court (queen's Bench Division, Administrative Court) / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether applications for extension of time to file notice of appeal should be treated as applications for relief from sanctions under CPR 3.9
  2. 2 Whether the principles in Mitchell v News Group Newspapers Ltd and Denton v T.H. White Ltd apply to such applications
  3. 3 Whether public law cases, shortage of funds, or litigants in person justify a different approach to extensions of time

Ratio Decidendi

Applications for extension of time to file a notice of appeal after the time limit has expired are to be determined by applying the same principles as applications for relief from sanctions under CPR 3.9, as set out in Mitchell and Denton. Ignorance of the rules, lack of funds, or being a litigant in person do not constitute good reasons for delay. The merits of the appeal are only relevant if they are exceptionally clear. The established approach is too well settled to be overturned by reference to contrary arguments or foreign authority.

Court Disposition

Extension of time granted in Hysaj; refused in Fathollahipour v Aliabadibenisi and May v Robinson.

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.