Lord Denning said that every Court has inherent power to control its own procedure, even though there is nothing in the rules about it, and ‘Suppose a man is on his way to the court in time with the money in his pocket. Then he is run down in an accident, or he is robbed of it. Or suppose that his cheque has been held up in the bank for a short time. Has the court no power to enlarge the time in such a case?’ . . ‘The Rules of the Supreme Court as to time have to be observed, and if substantial delay occurs without any explanation being offered, the court is entitled, in the exercise of its discretion, to refuse the extension of time . . Nevertheless, quite apart from the powers under the Rule, there is a very wide inherent jurisdiction, both in the High Court and in the County Court, to enlarge any time which the court or judge has ordered’
Judges:
Lord Denning MR
Citations:
[1976] 1 WLR 362, [1976] 1 All ER 897
Jurisdiction:
England and Wales
Cited by:
Cited – Jephson Homes Housing Association v Moisejevs and Another CA 1-Nov-2000
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 16 May 2022; Ref: scu.187051