When is the deadline for application to the judicial committee for permission to appeal?
The catalogue records a 56 days period from the date of the order or decision of the court below, or the date of the court below refusing permission to appeal (if later). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 56 days
- Trigger
- the date of the order or decision of the court below, or the date of the court below refusing permission to appeal (if later)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- r 6(1): "Unless to do so would be contrary to any enactment, the Judicial Committee may extend or shorten any time limit set by these Rules or any relevant practice direction - (a) of its own motion; or (b) on the application of one or more parties, and may do so after the time limit has expired." PD 3.18: a PROSPECTIVE extension cannot be applied for; the extension application must be made as part of the permission application itself and is referred to the Appeal Panel. PD 3.19: "The longer the delay in filing, the more convincing and weighty the explanation will need to be and the Board will need to be satisfied that, having regard to all the circumstances, it is in the interests of justice that the time limit should be extended" (Hamilton and Lewis v The Queen [2012] UKPC 31). r 6(3): where the party has applied for public funding and told the Registrar, the Registrar may extend time until after final determination of that application. NEVER COMPUTE - flag to the user.
- Time runs differently depending on the originating jurisdiction in the sense of WHICH order starts the clock: where permission (leave) was sought from the court below and refused, the 56 days run from that refusal; otherwise from the substantive order. Permission should be sought from the court below first (PD 2.11(a)). Whether an appeal lies as of right, by leave of the local Court of Appeal, or only by special leave of the Board depends on the law of the country or territory concerned (PD 1.5-1.9). PD 2.12: the Registrar may reject an application solely on the ground that it is out of time.