Extension of Time to Appeal in UK Law
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R Dinjan Hysaj (Claimant/Appellant) v Secretary of State for the Home Department
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In most cases the merits of the appeal will have little to do with whether it is appropriate to grant an extension of time. Only in those cases where the court can see without much investigation that the grounds of appeal are either very strong or very weak will the merits have a significant part to play when it comes to balancing the various factors that have to be considered at stage three of the process.
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R v Jawad (Mohid)
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It was at first thought that this appellant needed a grant of an extension of time to enable him to appeal. If he had, that would have raised the question whether someone against whom a confiscation order was made entirely in accordance with the law as it was understood to be at the time ought to be granted an extension of time if he seeks to appeal on the basis of a change of law made subsequently — in this case as a result of the Supreme Court decision in Waya.
We nevertheless think that we should make clear the general approach of this court, over many years, to change of law cases. The Court observed that alarming consequences would flow from permitting the general re-opening of old cases on the ground that a decision of a court of authority had removed a widely held misconception as to the prior state of the law on which the conviction which it was sought to appeal had been based.
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Williams and Another v Hinton and Another
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The strictness of this trio of hurdles is plain, but the rigour of the rule is modified by three factors. First, what constitutes promptness and what constitutes a good reason for not attending is, in each case, very fact-sensitive, and the court should, at least in many cases, not be very rigorous when considering the applicant's conduct; similarly, the court should not pre-judge the applicant's case, particularly where there is an issue of fact, when considering the third hurdle.
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R v Ramzan
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It is the very well established practice of this Court, in a case where the conviction was entirely proper under the law as it stood at the time of trial, to grant leave to appeal against conviction out of time only where substantial injustice would otherwise be done to the Defendant. Lesser (1939) 27 Cr.App.R 69 is an early example of emphasis that absent special reasons an application out of time will not be allowed.
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Smith v Brough
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In agreeing that this application should be dismissed, I wish to stress three matters which appear from the passage of the judgment of Lord Woolf CJ in Taylor v Lawrence [2002] EWCA Civ 90 at [b], [2003] QB 528, to which Arden LJ has referred: (1) that it is a fundamental principle of our common law that the outcome of litigation should be final; (2) that the law exceptionally allows appeals out of time; (3) that this, and the other exception mentioned in that passage, are the exception to a general rule of high public importance and reserved for rare and limited cases where the facts justifying the exception can be strictly proved.
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Norwich and Peterborough Building Society v Steed
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Once the time for appealing has elapsed, the respondent who was successful in the court below is entitled to regard the judgment in his favour as being final. If he is to be deprived of this entitlement, it can only be on the basis of a discretionary balancing exercise, however blameless may be the delay on the part of the would-be appellant. [1983] 1 W.L.R. at page 297, which are set out in the Supreme Court Practice at Note 59/4/4 and are, as Lord Justice McCowan has set them out, namely:
- The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
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Courts Reform (Scotland) Act 2014
... ... the sheriff courts; to establish a Sheriff Appeal Court; to make provision about civil court ... 2(2)(3), Sch ... Permanent and full-time judiciary ... 3: Sheriffs principal ... (1) For ... 2015/247, art. 2, Sch ... Extension of time to pay debts ... (11) Proceedings for or ... ...
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Criminal Justice and Courts Act 2015
... ... over a period of 2 or more days, or at some time during a period of 2 or more days, it must be ... 1(2), 5(1), Sch. Pt. 1 ... 30: Extension of disqualification from driving where custodial ... in default on the collection order;(b) an appeal under paragraph 23 against a decision of a fines ... ...
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The Criminal Procedure Rules 2015
... ... in the criminal division of the Court of Appeal ... (2) If a rule applies only in one or some ... ’ means:(i) the person for the time being named as a party's representative in any ... (2) A person who wants an extension of time must—(a) apply when serving the ... ...
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Diminished Responsibility and Unanimous Psychiatric Evidence: R v Hussain (Imran) [2019] EWCA Crim 666 (2 April 2019)
... ... 666 (2 April 2019) Keywords Extensions of time, jury directions, mental health, murder, ... He now sought an extension of time (five years) and leave to appeal his ... ...
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In the Scottish Courts
... ... I n the Scottish Courts EXTENSION OF TIME TO APPEAL (1) Ferguson & others v. H.M ... ...
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Recent Judicial Decisions
... ... judgment in the Court of Criminal Appeal Mr. Justice Humphreys said: " There is a ... Now this Order from time to time uses, when it intends to use it, ... Court of Criminal Appeal for an extension of time in which to appeal against sentence ... ...
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Disbelieving Suspense: Suspended Sentences of Imprisonment and Public Confidence in the Criminal Justice System
Abstract This article examines the ambivalent nature of suspended sentences of imprisonment and public reactions to them. In Australia, and elsewhere, they have created confusion, have ...... ... and out of favour in many jurisdictions over time, partly for criminological reasons (such as their ... On appeal against the leniency of the sentence ( Director ... and modified in 2007 and given an extension of life in 2008 (Bagaric, 1999; Sentencing ... ...
- Extension Of Time To Appeal - Christofi V National Bank Of Greece
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Arbitration - Squibb Group v Pole 2 Pole
... ... Claimant refused extension of time to appeal an arbitral award where payment ... ...
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English Court of Appeal Upholds an Extension of Time to Commence Arbitration
The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996. In the recent case of Haven Insurance Company Limited v EUI L...
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Court of Appeal confirms the conventional operation of extension of time provisions
The Court of Appeal in Carillion Construction Limited v EMCOR Engineering Services Limited [2017] EWCA Civ 65 has confirmed that the industry-wide practice of awarding extensions of time running co...
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Notice of Appeal to the High Court (modification/renewal of Non-Derogating Control Orders)
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.... ... extension of time to appeal, or any other application, please give details in the ... ...
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Application to extend time
Gangmasters forms including the application notice for an appeal.... ... Application for an Extension of Time ... PLEASE COMPLETE THIS FORM IN BLOCK CAPITALS AND USE BLACK INK ... and their address for the service of documents about this appeal is: ... [please insert his/her address] ... 3. The nature and date of the ... ...
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Application for permission to appeal a decision of the First-tier Tribunal (Care Standards)
Forms relating to First-tier Tribunal (Care Standards), including appeal forms.... ... If Yes, you must apply for an extension of time by giving your reasons for the delay ... in the box below: ... ...
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Appeal against a decision made by Social Care Wales
Forms relating to First-tier Tribunal (Care Standards), including appeal forms.... ... D. Date of decision of Social Care Wales ... E. Is the appeal in time? ... Yes – go to section F ... No – Read below ... An appeal must be ... if it will be received in time, you must apply for an extension of time ... Explain why your appeal is late in the box below. The ... ...