Out of time – wrong route

Southern & District Finance plc v Turner CA SJ 28 November

The district judge dismissed the defendant’s application to set aside a possession order, which her solicitors sought to appeal. The appeal notice did not include an application for an extension of time to appeal. When the appeal was heard by a circuit judge, because an extension of time for appealing had never been sought, he brought the proceedings to an end without any judgment on the merits. The defendant appealed to the Court of Appeal on the grounds of the judge’s refusal to exercise his discretion to waive the irregularity, pursuant to CPR rule 3.10, and thereafter to apply the criteria contained in CPR rule 3.9 to determine whether to grant the extension of time.