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18/11/2022

In Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant's Notice) [2022] EWCA Civ 1509 the Court of Appeal upheld a finding that an appellant's notice filed electronically after 4.30pm on the last date for appealing was served in time.

NOTICE OF APPEAL FILED IN TIME WHEN IT WAS ELECTRONICALLY FILED AFTER 4.30 PM: COURT OF APPEAL DECISION

In  Microsoft Ireland Operations Ltd & Ors v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice) [2022] EWCA Civ 1509 the Court of Appeal upheld a finding that an appellant’s notice filed electronically after 4.30pm on the last date for appealing was served in time.

“There is no reason why electronic filing should be treated in the same way as filing by e-mail or fax. There is indeed some reason why it should not be: the Scheme is intended not simply to supplement traditional methods of filing but, as paragraph 2.1 declares, to replace them (subject to some limited exceptions) with a wholly new method.”