Description
Appeal against grant of an application served out of time to appeal an order for costs.
Appeal allowed. Held: Although the power of the court to revisit a permission decision of a single judge made in the absence of one of the parties following a renewed application should be exercised sparingly (per
Jolly v Jay [2002] EWCA Civ 277), under CPR 52.3(5), a defaulting party seeking an extension of time for a renewed application for permission to appeal must satisfy the same tests applied in
Mitchell.
In the present case, the judge had granted permission on the mistaken impression that there was a causal connection between the delay in receiving notice that permission had been refused and the applicant's default of CPR 52.3(5), when the default was in fact blatant and avoidable.
