The applicant sought to appeal from an order refusing leave to appeal out of time. There was no second appeal inherent in such a case where the court had not additionally considered and refused the leave to appeal itself. A refusal to extend time dealt with a different issue to the grant of leave to appeal itself which involved a consideration of the issues underlying the order against which appeal was sought. The situation had not fundamentally changed under the new rules, and judges might consider whether to refuse leave to appeal as well as or instead of refusal of an extension of time to appeal.
Citations:
Times 18-Jun-2001, [2001] EWCA Civ 759, [2002] 1 WLR 525
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Southern and District Finance Plc v Turner CA 7-Nov-2003
The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time.
Held: The rules required an application to be supported by . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 31 May 2022; Ref: scu.147559