Refusal of Extension of Time to Appeal

Foenander v Bond Lewis & Co CA [2001] 2 All ER 1019

Section 54(4) of the Access of Justice Act 1999, which prohibits an appeal against a decision of a court under that section to refuse permission to appeal, is based on the principle that if both a lower court and an appeal court at a lower level of the judicial hierarchy have decided that a proposed appeal has no real prospect of success, and there is no other compelling reason why the appeal should be heard, that must be the end of the matter; the issue cannot be re-litigated higher up the judicial chain. That principle does not, however, apply to the order a High Court judge refusing an application to extend time for an appeal from a decision of a lower court. Such an order can, with permission, be appealed to the Court of Appeal, as can any other order made by a High Court judge. If a circuit judge or a High Court judge sitting in an appeal court has the choice of disposing of a belated and unmeritorious appeal either by refusing to extend time for appealing or by refusing permission to appeal, he should bear in mind that taking the latter course will bring the appellate proceedings to an end. The adoption of the former course, on the other hand, may entail further expense and delay while a challenge is launched at a higher appeal court against the decision not to extend time for appealing.