||All England Reporter
|| All ER (D) 29 (Mar)
|| EWCA Civ 85
||Court of Appeal, Civil Division
||Rory O'Ryan (instructed by Parker Rhodes, Rotherham) for the applicant.
||The respondent did not appear and was not represented.
||24 January 2006
Practice - Appeal - Provisions relating to appeals in civil proceedings - Dismissal on paper of applications for permission to appeal - Request for reconsideration at an oral hearing - Requirement for papers to be served on the court timeously - Whether acceptable for parties to ignore requirement - Civil Procedure Rules, , Practice Direction Pt 52.4.14A.
Although judges would, of course, consider carefully all applications which were properly before them, it was no longer acceptable that a party's representative should ignore the practice directions of the Court of Appeal where it had been made clear repeatedly that if a matter was to be listed for hearing in the Court of Appeal, all necessary papers should be filed at least seven days before the hearing. In the case of a CPRPD52.4.14A statement, that should be filed at least four days before the hearing. Furthermore, a successful application for permission to appeal on a third application, by way of a hearing in court would be a very rare event.
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