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Mortgage Express Vs Martin: Permission to Appeal Out of Time

Summary: The Court of Appeal dismissed an application made by the Claimant for an extension of time for appealing and for permission to appeal out of time. The Court of Appeal held that the Defendant, who was of relatively modest means, had the right to expect the Claimant, a substantial organisation, to abide by the Court’s rules and cited the parties’ differences in means, and the overriding objective of dealing with cases justly, as grounds for refusal. Please speak to Julian Johnstone, head of Druces’ Litigation and Dispute Resolution team for more information

Relevant to: Litigants