A man who says his planning challenge was thrown out because the Royal Court of Justice closed five minutes early, on the last day of a strict six-week time limit, has won permission to take the case to the Court of Appeal.
Lord Justice Hickinbottom said that, while he granted permission to appeal with some hesitation, there was no clear authority on the alleged circumstances in this case and the point of what happens if the court office is “not functioning” during working hours on the last day to file a claim. As a result, he said that the case may be “of broader importance” for any proceedings that require the bringing of a claim within strict time limits.
John Croke says his representative was turned away by security staff at the Royal Court of Justice at 4.25pm on 23 March 2016, the last day of the six-week period that applied in respect of his claim – when the court’s advertised hours of opening run until 4.30pm.
He claims that he turned up in person to file his claim the next day, but delays at the court office and then the Easter weekend meant his claim could not be filed until 29 March 2016.
Last October, the High Court ruled his challenge had been brought too late, but now he hopes the Court of Appeal will revive his claim by ruling that the time limit should be extended.
Croke sought planning permission for alterations and extension to existing buildings to create a single residential dwelling with parking, sunken swimming pool and amenity space at The Grange Barns, Church Road, Ickford, Aylesbury.
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