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High Court refuses an order extending time to allow the plaintiff to appeal the quantum of damages awarded by the Circuit Court in defamation proceedings, on the grounds that it was not established that the plaintiff had formed a bona fide intention to appeal in the permitted time; no mistake was established; and there was nothing in the surrounding circumstances of the case which would justify allowing such an extension of time.
Plaintiff seeks an order extending time for leave to appeal a Circuit Court order - defamation proceedings – Plaintiff awarded €5,000 – costs adjourned – subsequently awarded to Plaintiff – Notice of appeal filed by Plaintiff – appealing quantum awarded – error in dates recorded – rules governing time - 10 days from the date on which the judgment or order appealed from was pronounced in open court – judgment given on 25th April, 2016 – notice of appeal filed on 25th July – argued more suitable to wait until a case is fully disposed of and then to bring an appeal within ten days thereafter – avoid multiple appeals - Eire Continental – bona fide intention to appeal formed within the permitted time - existence of something like mistake - must establish that an arguable ground of appeal exists - discretion of the Court - Goode Concrete - length of delay is of relevance to the exercise of the court’s discretion – court’s underlying obligation is to balance justice on all sides - absence of arguable grounds of appeal makes an extension generally unlikely - wholly unmeritorious appeals should not be allowed to progress - must be good reason for not filing an appeal on time - decision to appeal must be made within time - court’s discretion arises to be applied exceptionally - modified Eire Continental principles apply to appeals stemming from factual circumstances outside the materials that went before the trial court - Kavanagh v. Healy - court is given a wide power under O.122, r. 7 to enlarge the time for serving any document - Smith v. Brough [2005] EWCA Civ. 261 – interest in concluding proceedings – defendant engaged in certain not insignificant personal and business-related expenditure that she likely would not have engaged in had she contemplated that an appeal might nonetheless be allowed out of time - no affidavit sworn by Mr Griffiths - court does not see that any mistake or anything akin to mistake has been established - there is an arguable ground of appeal – Court sees nothing in the surrounding circumstances of this case that would justify its allowing such extension at this time – order extending time refused.
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