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Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB)

DATE: 14 Apr 2015

Andrews J held that the two-month time limit in Regulation 44/2001 art. 43(5) and CPR r.74.8(4)(a)(ii) for appealing against the registration of a foreign judgment for enforcement in England and Wales was mandatory, subject only the court’s residual power to extend time where a failure to do so would infringe ECHR art.6. Further, it was held that if there were discretion to grant an extension, it should be not be exercised.  The domestic authorities on relief from sanctions did not directly address the failure to comply with a time limit prescribed by a statute or a directly applicable EU Regulation. The guidance given in Denton v TH White Ltd [2014] EWCA Civ 906 and R (on the application of Hysaj) v Secretary of State for the Home Department [2014] EWCA Civ 16533 concerning non-compliance with court orders, procedural directions or rules of court was not wholly apposite in a case where the underlying policy considerations went beyond those affecting decisions on matters of pure case management. 

Camilla Lamont, instructed by Charles Russell Speechlys LLP, appeared for the successful respondent bank.