Lloyds Bank v Cassidy

An application for permission to appeal may properly be adjourned where the proposed grounds raise procedural and substantive matters requiring fuller preparation and first-hand explanation from counsel involved below. The court may direct that the appeal follow immediately if permission is granted. An extension of time may be granted where the circumstances justify it. Appropriate directions may address notice to affected parties, the hearing estimate and the specialist experience of one of the judges.

The applicant sought an extension of time and permission to appeal from an order of His Honour Judge Behrens, sitting in the Leeds District Registry, which struck out substantial parts of his amended defence and counterclaim. The claims concerned charges over a farm, the appointment of receivers and the sale of farmland by the respondent bank. The application below had been made under CPR 3.4 and CPR 24.

The applicant also sought permission to adduce evidence and to amend his defence and counterclaim. He raised wider procedural complaints about the hearing below. The central issue was whether the application should be adjourned to allow the case to be properly considered and presented.

1. The court granted an extension of time for filing the application for permission to appeal.
2. The application raised wider procedural and substantive grounds than those apparent from the notice of appeal. Newly instructed counsel required time to consider the proposed further evidence and amendments.
3. The issues could not fairly be explored without hearing from counsel who had appeared below and could address the procedural complaints at first hand.
4. The application was therefore adjourned for hearing on notice as early as reasonably possible in the Michaelmas term. The appeal was to follow immediately if permission was granted.
5. Notice was to be given to the bank and the receivers. The hearing estimate was one day, and one judge was to have Chancery experience. No final determination was made on the merits of the proposed appeal.

• Court of Appeal (Civil Division): Extension of time was granted and the permission application was adjourned, with the appeal to follow if permission was granted.
• Leeds District Registry: His Honour Judge Behrens struck out substantial parts of the amended defence and counterclaim. Permission to appeal was refused.