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MG v AG (appeal out of time) [2020] EWFC B49

Appeal against a final order made 15 months out of time.

The former husband made an application for permission to appeal out of time against a final order made in matrimonial finance proceedings.  The judgment was handed down on 27.07.18.  The appellant's notice was dated 21.11.19 and was thus more than 15 months out of time. 

The judgment reviewed the circumstances and evidence against the factors to be considered under FPR 2010 r4.6 (1) – Relief from Sanctions – to consider whether the court should go on to extend the time for compliance under FPR 2010 r4.1 (3) (a). 

The court concluded that in the circumstances of the case, it was not in the interests of the administration of justice to permit the application brought so far out of time against a background of intentional unexplained delay.  To so would render the time limit in the rules nugatory.  Relief from sanctions not granted and thus permission to appeal dismissed.

Case summary by Martina van der Leij, barrister, Field Court Chambers

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