Conor McKnight v Chelsea Football Club Limited
[2024] EWHC 2884 (KB)
Binod Kumar Sharma v Edith Clara Maria Lovegrove
9 November 2023
[2023] EWHC 3598 (Ch)
High Court
Mr. Sharma was late in appealing a court decision. The judge refused to let him appeal the late appeal, and a higher court agreed the judge made the right decision because Mr. Sharma had no good reason for the delay.
Key Facts
- •Mr. Sharma (appellant) failed to pay his share of a joint expert's fee by the deadline (6 May 2021).
- •Judgment was entered against Mr. Sharma in July 2021 due to this default.
- •Mr. Sharma's application for relief from sanction was refused by DJ Brooks in November 2021.
- •Mr. Sharma applied for permission to appeal DJ Brooks' decision in November 2022 (a year late).
- •HHJ Hellman refused to extend time for Mr. Sharma's appeal application.
- •Mr. Sharma appealed HHJ Hellman's decision.
Legal Principles
Permission to appeal is granted if there's a real prospect of success or a compelling reason.
Court of Appeal
Applications for relief from sanctions are assessed based on seriousness of breach, reasons for delay, and overall justice.
CPR 3.9
A judge's discretionary decision can only be overturned if: (1) a material factor was not considered; (2) an irrelevant factor was considered; or (3) the decision was unreasonable.
Case law (not specified in text)
Outcomes
Permission to appeal HHJ Hellman's decision was refused.
There was no real prospect of success on appeal. The delay in appealing DJ Brooks' decision was significant and lacked good reason. HHJ Hellman's decision fell within the range of reasonable responses.