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
Legal Issues
- 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 Whether the claimant is entitled to an extension of time to file an Appellant's Notice
- 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.
Full Case Text
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