Whether time for an EU resident to appeal registration of a judgment can be extended


CPR r74.8 provides that if a judgment debtor is not domiciled within a Contracting State, and an application to extend the time for appealing registration of a foreign judgment is made within two months of service of the registration order, then the court may extend the period for filing an appellant's notice against the registration order. In all other cases, the rule provides that the appellant's notice must be served within one month or, where service is to be effected on a party not domiciled in England and Wales, two months of the service of the registration order.

The issue in the case was whether an EU resident could ask the English court to extend time for appealing registration.

The judge held that he cannot. The fact that the rule expressly refers to extending time for a non-EU resident, but is silent in relation to EU residents implies that the Rules Committee envisaged that an extension of time could not be given to an EU resident. Nothing in previous European and domestic case law contradicted that view. Accordingly, "there is no general power to extend the mandatory two month time limit for appealing in this case. The Court is obliged to enforce that time limit strictly, subject only to the residual power to extend a mandatory time limit in the rare case where its application would impair the very essence of the right of appeal, and strict adherence to it would infringe Article 6 ECHR".