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Hysaj v Secretary of State for the Home Department [2014] EWCA Civ 1633

DATE: 16 Dec 2014

Case in the Court of Appeal listed before the Vice-President with two others in order to enable the court to give guidance on the approach that should be taken to applications for extensions of time for filing a notice of appeal following the decisions of this court in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 1 WLR 795 and Denton v T.H. White Ltd, Decadent Vapours Ltd v Bevan and Utilise T.D.S. Ltd v Davies [2014] EWCA Civ 906, [2014] 1 WLR 3926. In each case the applicant failed to file a notice of appeal within the time prescribed by CPR 52.4(2), which made it necessary for him to seek an extension of time.  The question was whether the Mitchell/Denton approach applied notwithstanding the fact that such applications are not technically the same as an application for relief from sanctions.