Balmoral Group Ltd v Borealis (UK) Ltd & Ors Rev 1 [2006] EWHC 2228 (Comm) (23 August 2006)

Balmoral Group Ltd v Borealis (UK) Ltd & Ors Rev 1 [2006] EWHC 2228 (Comm) (23 August 2006)

The trial judge has no power to grant permission to appeal or extend time for such an application after the hearing at which the decision was made has concluded, unless the hearing was adjourned for that purpose. However, the judge retains power to extend the time for filing an appellant's notice, and in this case, a generous extension is granted for case management reasons.

Citation
[2006] EWHC 2228 (Comm)
Parties
Claimant: Balmoral Group Ltd; Defendant: Borealis (UK) Ltd; Defendant: Borealis AS; Defendant: Borealis A/S
Jurisdiction
England and Wales
Judgment Date
23 August 2006
Procedural Posture
Commercial Court Judgment—application for Extension of Time and Permission to Appeal / Post Judgment, Application for Extension of Time and Permission to Appeal
Outcome
Application for extension of time to apply for permission to appeal to the trial judge refused; application for extension of time to file appellant's notice granted.
Legal Topics
Appeals, Extension of Time, Permission to Appeal, Civil Procedure Rules
Civil Procedure Commercial Law Appeals Extension of Time Permission to Appeal Civil Procedure Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Balmoral Group Ltd

Claimant

Borealis (UK) Ltd

Defendant

Borealis AS

Defendant

Borealis A/S

Defendant

Procedural Posture

Commercial Court Judgment—application for Extension of Time and Permission to Appeal / Post Judgment, Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge has power to grant permission to appeal after the hearing at which the decision was made has concluded
  2. 2 Whether the trial judge can extend time for applying for permission to appeal
  3. 3 Whether the trial judge can extend time for filing an appellant's notice

Ratio Decidendi

The trial judge has no power to grant permission to appeal or extend time for such an application after the hearing at which the decision was made has concluded, unless the hearing was adjourned for that purpose. However, the judge retains power to extend the time for filing an appellant's notice, and in this case, a generous extension is granted for case management reasons.

Court Disposition

Application for extension of time to apply for permission to appeal to the trial judge refused; application for extension of time to file appellant's notice granted.

Orders

  • Time for filing appellant's notice extended to close of business on Friday 29th September 2006.