0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Sayers v Clarke-Walker, Court of Appeal

21 May 2002
The issues

Appeals out of time – principles to be considered.

The facts

The Claimant made Application for an extension of time for appealing and for permission to appeal from two Orders of Buckley J. The Orders were dated 12th October 2001 and 17th October 2001. The Appeal was lodged on 20th December 2001. The Appeal was late because Claimant’s Solicitors erroneously believed that time did not run until the Order of the Court below had been sealed. The Application was initially refused on papers by Lord Justice Sedley as “irretrievably out of time”. The renewed Application came before a three Judge Court of Appeal.

The decision

1. Solicitors should be expected to understand the substantial changes to the new appeals regime.

2. Extensions of time were governed by Civil Procedure Rules 52.6. The Court should also take into account its general power to extend time under Civil Procedure Rules 3.1 and of course the over-riding objective in Civil Procedure Rules 1.1.

3. When considering any Application of this sort, the Court should have regard to the check list in Civil Procedure Rules 3.9.

4. In the light of the factors set out in that check list, it would be disproportionate to prevent the Appeal proceeding, at least so far as giving the opportunity to the Appellant of addressing the Court on merits of the Appeal.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up