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England and Wales Case Law

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Civil procedure

Refuels Limited v BIP Chemical Holdings Limited & Anor

The Court of Appeal refused Refuels Limited an extension of time to appeal adverse fraud findings made in commercial litigation, stressing delay, finality, and limited grounds for non-party appeals.

  • Extension of time to appeal
  • Findings against non-parties
  • Procedural fairness
  • Article 6 echr
  • Common law fairness
  • Finality of litigation
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Criminal law

R v Gurpal Raytt

The applicant could not be guilty of failing to surrender to bail as he was not on bail but under summons; the conviction was unlawful and must be quashed.

  • Failure to surrender to bail
  • Extension of time to appeal
  • Quashing conviction
  • Community order breach
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Criminal law

R v Carl Toner

The applicant's explanation for delay was inadequate, the guilty plea was unequivocal and properly advised, the evidence was overwhelming, and the sentence was not manifestly excessive or wrong in principle. There was no merit in the grounds for appeal.

  • Attempting to incite a child to engage in sexual activity
  • Extension of time to appeal
  • Guilty plea
  • Sentencing guidelines
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Criminal law [2024] EWCA Crim 447

Dacres, R. v

Dacres, R. v [2024] EWCA Crim 447 (21 March 2024)

The Court of Appeal refused an out-of-time sentence appeal by Sharriff Dacres, holding that his custody-credit complaint did not present the exceptional injustice needed to depart from s240ZA.

  • Extension of time to appeal
  • Credit for time served
  • Sentencing discretion
  • Remand in custody
  • Exceptional jurisdiction
  • Criminal justice act 2003 s240za
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Civil procedure [2024] EWHC 351 (KB)

Santander PLC v Harris

Santander PLC v Harris [2024] EWHC 351 (KB) (22 February 2024)

The High Court refused an out-of-time appeal in a mortgage possession case, holding the 14-month delay was serious and unjustified and that the grounds lacked merit.

  • Extension of time to appeal
  • Relief from sanctions
  • Possession proceedings
  • Mortgage arrears
  • Section 146 notices
  • Service charges
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Arbitration [2023] EWHC 126 (Comm)

FG Financing Ltd & Anor v Lagun

FG Financing Ltd & Anor v Lagun [2023] EWHC 126 (Comm) (24 January 2023)

Commercial Court decision on jurisdictional issues in an arbitration-related freezing order dispute, dismissing an extension-of-time application but directing a full hearing on restoration.

  • Worldwide freezing order
  • Section 44 arbitration act 1996
  • Jurisdiction of court vs arbitral tribunal
  • Extension of time to appeal
  • Interpretation of arbitration clauses
  • Arbitration
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Civil procedure [2020] EWHC 2814 (QB)

Jamous v Mercouris

Jamous v Mercouris [2020] EWHC 2814 (QB) (23 October 2020)

The High Court refused an extension of time to appeal and permission to appeal, holding the delayed notice was seriously late and unsupported by good reason.

  • Extension of time to appeal
  • Relief from sanctions
  • Capacity to litigate
  • Striking out of claim
  • Litigant in person conduct
  • Extension-of-time-to-appeal
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Civil procedure [2020] EWHC 2814

Jamous v Mercouris

Jamous v Mercouris [2020] EWHC 2814 (QB) (23 October 2020)

High Court refusal of an extension of time to appeal a strike-out order, applying Denton and Hysaj. The court found no good reason for the late filing.

  • Extension of time to appeal
  • Relief from sanctions
  • Capacity to litigate
  • Striking out of claim
  • Litigants in person
  • Extension-of-time-to-appeal
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Civil procedure

Lemas & Anor v Williams & Anor (Costs)

The High Court refused Mr Roderick Lemas’s application to extend time to appeal a costs-related order, finding serious delay, no good explanation, and weak merits.

  • Extension of time to appeal
  • Costs
  • Trustee duties
  • Relief from sanctions
  • Extension-of-time-to-appeal
  • Trusts
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Civil procedure [2019] EWHC 2060 (QB)

Dial Partners LLP & Anor v Eastern Airways International Ltd & Ors (Rev 1)

Dial Partners LLP & Anor v Eastern Airways International Ltd & Ors (Rev 1) [2019] EWHC 2060 (QB) (29 July 2019)

The court considered timeliness and permission to appeal on a costs order, focusing on whether an extension of time was needed and whether discretion over profit costs was arguably misused.

  • Extension of time to appeal
  • Permission to appeal
  • Costs assessment
  • Exercise of judicial discretion
  • Conduct in settlement negotiations
  • Civil-procedure
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.