Extension of Time to Appeal in UK Law

Leading Cases
  • R Dinjan Hysaj (Claimant/Appellant) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 Diciembre 2014

    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.

  • R v Jawad (Mohid)
    • Court of Appeal (Criminal Division)
    • 03 Mayo 2013

    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.

  • Smith v Brough
    • Court of Appeal (Civil Division)
    • 22 Febrero 2005

    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.

  • Williams and Another v Hinton and Another
    • Court of Appeal (Civil Division)
    • 14 Octubre 2011

    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.

  • R v Ramzan
    • Court of Appeal (Criminal Division)
    • 21 Julio 2006

    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.

  • Norwich and Peterborough Building Society v Steed
    • Court of Appeal (Civil Division)
    • 05 Marzo 1992

    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:

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  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... “appealable decision” means a decision from which there is ... conduct or disposal of proceedings at any time, including a direction amending, suspending or ... time limit in rule 19, including any extension of time directed under rule 4(3)(a) (power to ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... over a period of 2 or more days, or at some time during a period of 2 or more days, it must be ... applied has been subsequently set aside on appeal,. . notice of appeal against the sentence may ... S-30 . Extension of disqualification from driving where custodial ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... to do so, determine the extent (at the time the confiscation order is made) of the ... arises in proceedings before the Court of Appeal or the Supreme Court. . . . (5) In this Part, ... S-46 . Extension of Part 1 of Serious Crime Act 2007 to Scotland ......
  • Enterprise and Regulatory Reform Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... Investment Bank financial assistance at any time when the Crown's shareholding in it is more than ... . . (c) for the extension of the period prescribed for the purposes of ... S-12 . Composition of Employment Appeal Tribunal 12 Composition of Employment Appeal ......
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Books & Journal Articles
  • Diminished Responsibility and Unanimous Psychiatric Evidence: R v Hussain (Imran) [2019] EWCA Crim 666 (2 April 2019)
    • Núm. 83-5, Octubre 2019
    • Journal of Criminal Law, The
    ......;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em ...] EWCA Crim 666 (2 April 2019) Keywords Extensions of time, jury directions, mental health, murder, ... of time (five years) and leave to appeal his conviction, relying on the Court of Appeal ......
  • In the Scottish Courts
    • Núm. 13-1, Enero 1949
    • Journal of Criminal Law, The
    ......;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em ... I n the Scottish Courts EXTENSION OF TIME TO APPEAL (1) Ferguson & others v. H.M. ......
  • Disbelieving Suspense: Suspended Sentences of Imprisonment and Public Confidence in the Criminal Justice System
    • Núm. 42-1, Abril 2009
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    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 ...
    ......;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em ...On appeal against the leniency of the sentence ( Director ... and modified in 2007 and given an extension of life in 2008 (Bagaric, 1999; Sentencing ......
  • Andreou v Institute of Chartered Accountants in England and Wales [1998] 1 All ER
    • Núm. 6-3, Enero 1999
    • Journal of Financial Crime
    • 254-255
    In 1972, Mr Andreou became a member of the Institute of Chartered Accountants for England and Wales (The Institute). On 14th December 1993, the disciplinary committee of the Institute found him gui...
    ...... decision but failed to bring an internal appeal within 28 days, the time prescribed by the ...Mr Andreou was refused an extension of time in which to appeal, being informed in a ......
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Law Firm Commentaries
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