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26/07/2022

ValueLicensing is waiting for a ruling by a Court of Appeal judge on whether Microsoft filed its application for permission to appeal against the 14 April Order of Mr Justice Picken on time. The last day for filing the application was 6 June. But was there a latest time for filing the application on 6 June?

Is the permission to appeal deadline 4.30pm or not?

ValueLicensing is waiting for a ruling by a Court of Appeal judge on whether Microsoft filed its application for permission to appeal against the 14 April Order of Mr Justice Picken on time.  The last day for filing the application was 6 June.  But was there a latest time for filing the application on 6 June ?

ValueLicensing submitted that there was: the latest time had been 4.30pm on 6 June, according to paragraph 18.2 of the Commercial Court Guide.

For its part, Microsoft submitted that its filing at 4.52 pm on 6 June was on time.  That is because Practice Direction 51O provides:

“Where payment of a court fee is required to accompany the filing of a document, the date and time of filing on Electronic Working will be deemed to be the date and time at which payment of the Court fee is made using Electronic Working.”

Master Bancroft-Rimmer Order upheld the Microsoft position. 

The point is no longer necessary for our case because Lord Justice Males rejected Microsoft's application for permission to appeal on its merits.  But the timing point is an important one for practitioners.  That is why a Court of Appeal judge is going to decide it. Does a Commercial Court Order for any application for permission to appeal to be filed by a certain day, also impose a deadline for that filing of 4.30pm on that day ?