White Rock Corporation Ltd v Middle Volga Shipping Company & Anor [2025] EWHC 2746 (Comm) (24 October 2025)

White Rock Corporation Ltd v Middle Volga Shipping Company & Anor [2025] EWHC 2746 (Comm) (24 October 2025)

The court lacked jurisdiction to determine the claimant's application for permission to appeal and for an extension of time to file an Appellant's Notice because no application for permission to appeal was made at or before the hand-down of judgment and no formal adjournment of the decision hearing was made. Even if jurisdiction existed, the application for permission to appeal would have been refused as the grounds lacked real prospects of success, and an extension of time would have been granted due to the absence of prejudice and understandable misapprehension, but this was academic given the lack of jurisdiction.

Citation
[2025] EWHC 2746 (Comm)
Parties
Claimant: White Rock Corporation Ltd; First Defendant: Middle Volga Shipping Company; Second Defendant: North Global Denizcilik Ithalat ve Ihracat Ticaret Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2025
Procedural Posture
Commercial Court Claim / Post Jurisdiction Challenge; Consequential Issues Following Judgment on Jurisdiction
Outcome
Claimant's applications for permission to appeal and for extension of time refused for lack of jurisdiction; costs awarded to First Defendant.
Legal Topics
Jurisdiction Challenge, Permission to Appeal, Extension of Time for Appeal, Summary Assessment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

White Rock Corporation Ltd

Claimant

Middle Volga Shipping Company

First Defendant

North Global Denizcilik Ithalat ve Ihracat Ticaret Limited

Second Defendant

Procedural Posture

Commercial Court Claim / Post Jurisdiction Challenge; Consequential Issues Following Judgment on Jurisdiction

  1. 1 Whether the court has jurisdiction to determine the application for permission to appeal after judgment was handed down and no formal adjournment was made
  2. 2 Whether the claimant is entitled to an extension of time to file an Appellant's Notice
  3. 3 Whether the claimant's grounds of appeal have a real prospect of success

Ratio Decidendi

The court lacked jurisdiction to determine the claimant's application for permission to appeal and for an extension of time to file an Appellant's Notice because no application for permission to appeal was made at or before the hand-down of judgment and no formal adjournment of the decision hearing was made. Even if jurisdiction existed, the application for permission to appeal would have been refused as the grounds lacked real prospects of success, and an extension of time would have been granted due to the absence of prejudice and understandable misapprehension, but this was academic given the lack of jurisdiction.

Court Disposition

Claimant's applications for permission to appeal and for extension of time refused for lack of jurisdiction; costs awarded to First Defendant.

Orders

  • Claimant to pay First Defendant's costs, summarily assessed at £78,850.25.
  • Court has no jurisdiction to determine the application for permission to appeal or for extension of time.