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What have I missed? UT TL extensions
I’ve had a couple of cases recently where the SoS has requested an extension of time for a submission to the UT.
Now I’m pretty sure that it was the decision Clare Hodgson linked to that brought us the Denton principles and was rather scathing about one of the London law centre’s delays in providing something, or maybe applyng for permission to appeal cuz there were really busy (trust me I sympathize these days…) it also held that an extension could only be granted retrospectively.
But they’re being granted prospectively now…
So what have I missed?
You’re thinking of JP v SSWP & LB Brent [2017] UKUT 149 (AAC)
But anyway, the point is that you can’t request an extension of time for permission to appeal before you request permission to appeal, because the proceedings don’t exist so the UT doesn’t have any case management powers to exercise. The same isn’t true for an appeal response, because the proceedings do exist, so the tribunal can exercise its case management powers.
Denton doesn’t apply because the directions haven’t been breached. The tribunal can set whatever time limit it wants in advance - rule 5(3)(a) etc.
C’est logique.