Court of Appeal gives guidance on relief from sanctions in late appeals.
In combined appeals R. (on the application of Hysaj) v Secretary of State for the Home Department, Fathollahipour v Aliabadibenisi and May v Robinson  EWCA Civ 1633, the Court of Appeal stated the principles which apply to extensions of time for filing appeal notices in the light of its earlier decision in Mitchell v News Group Newspapers as restated in Denton v Sayers. The Court held that applications for extensions of time under r.3.1(2)(a) were not formally applications for relief from sanctions under r.3.9. However it was well established that an application for permission to appeal out of time was analogous to an application under r.3.9. A person who was out of time for filing a notice of appeal was subject to an implied sanction and such an application was therefore to be decided in accordance with the same principles as an application for relief from sanction. Whatever one might think of the doctrine of implied sanctions, the approach to be taken was too well established to be overturned. The approach set out in Mitchell and Denton therefore had to apply.
Ali Reza Sinai represented the successful respondent in Fathollahipour v Aliabadibenisi, instructed by Kingsley Napley LLP.