Practice on applications for leave to appeal out of time. The court allowed an extension where the applicant’s solicitors were 2 weeks late in setting down the appeal. Griffiths LJ cited with approval the approach taken at first instance by the Registrar who said: ‘In my judgment, all relevant factors must be taken into account in deciding how to exercise the discretion to extend time. Those factors include the length of the delay, the reasons for the delay, whether there is an arguable case on appeal, and the degree of prejudice to the defendant if time is extended.’ The exercise of the delegated discretion cannot confine the exercise of the same discretion by the person in whom it is primarily reposed.
Judges:
Griffiths LJ
Citations:
[1983] 1 WLR 207, [1983] 1 All ER 699
Jurisdiction:
England and Wales
Cited by:
Cited – Da Silva and Entwistle v Chief Constable of Greater Manchester Police CA 11-Dec-1997
The plaintiff had commenced an action for assault against the police, but had then let it sleep. The defendant’s application for it to be struck out failed. When the plaintiff applied to set it down, the defendant realising his error sought again a . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 23 June 2022; Ref: scu.198732
