Coppard v Commissioners of Customs and Excise

Where an application for permission to appeal is out of time and appears weak or opportunistic, the court may nevertheless grant permission if it raises a serious jurisdictional issue requiring consideration by the full court. Delay does not automatically justify excluding the applicant where jurisdiction is genuinely in issue. The court may grant permission conditionally, requiring prompt evidence explaining the delay. Such an order does not itself extend time. If the specified affidavit is not filed and served within the required period, permission lapses.

Mr Coppard applied for permission to appeal from a decision of His Honour Judge Richard Seymour QC in the Queen's Bench Division. The proposed appeal was out of time, and the court considered it substantively without merit and opportunistic. The application nevertheless raised a serious question about the judge's jurisdiction to hear and determine the issue. The court considered that the issues had not all been finally resolved in Fawdrey. The central question was whether delay should prevent permission being granted where a substantial jurisdictional issue required determination by the full court.

1. Permission granted conditionally. Although the proposed appeal was out of time and the court regarded it as without merit in substance, the jurisdictional issue was sufficiently serious to warrant consideration by the full court.
2. Effect of delay. The court declined to shut the applicant out at the permission stage because of delay. It did not, however, extend time. The delay was to be addressed separately by the full court.
3. Fawdrey. The court considered that the issues, or all of them, had not been finally resolved in Fawdrey. That uncertainty reinforced the need for the jurisdiction point to be considered.
4. Condition. Permission was granted on condition that the appellant file and serve on the respondent, within 14 days, an affidavit explaining the delay. Counsel's assertions were insufficient. Unless the affidavit was filed and served within that period, permission would lapse.

• Court of Appeal (Civil Division): Permission to appeal from the Queen's Bench Division decision of His Honour Judge Richard Seymour QC was granted conditionally. The court did not extend time.