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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Coppard v Customs & Excise [2002] EWCA Civ 1697 (5 November 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1697.html Cite as: [2002] EWCA Civ 1697

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(His Honour Judge Richard Seymour QC)

		Royal Courts of Justice Strand London, WC2 Tuesday, 5th November 2002

1. LORD JUSTICE JUDGE: We have examined the papers. We have taken note of the delay. The proposed appeal is out of time. It is in reality without merit and no criticism has been made of the judgment. We agree with the view of the single Lord Justice that, in truth, it is opportunistic. It is opportunistic, in the sense that the objective of Mr Coppard is to achieve another hearing before another, and, he would say, properly constituted tribunal. In effect, every instinct is against giving permission.
2. However, we take the view that a serious point worthy of the consideration of the full court has been taken on the jurisdiction of His Honour Judge Seymour to hear and decide the issue under consideration. We do not think that those issues, or all of them, were finally resolved in Fawdrey. As we are concerned about jurisdiction, it would not be right to shut the applicant out at this stage on the ground of delay, but we emphasise that we are not extending time. That issue will be dealt with by the full court. We shall give permission but it will be conditional, and the condition will be that the appellant will file an affidavit within 14 days from today's date explaining the delay. For this purpose -- we mean no disrespect to Mr McPherson -- counsel's assertions are not adequate. Unless that affidavit is filed within 14 days from today and served on the respondent to the appeal this permission will lapse.
Order: Application for permission to appeal granted, on the condition that the appellant file an affidavit within 14 days from today's date explaining the delay. Unless that affidavit is filed within 14 days from today and served on the respondent to the appeal, this permission will lapse.