Can I appeal the result of an application hearing?

[Daryl32]

My case was struck out. I received notice of this almost a fortnight after it was struck out.

Then I applied for relief from sanctions. Was struck out without a hearing due to being filed past the seven days stated in the strike out order.

But Royal Mail strikes and Christmas is obviously why I did not file within 7 days.

Can I make an appeal of this application decision?

[atticus]

If you are going to appeal, just do it. Don't lose time waiting for answers here.

Make sure that you explain the facts and all relevant dates clearly.

[Daryl32]

But is it an actual appeal, or an application to appeal?

[atticus]

Can we please see the wording of the order. I would like to see what it says, including the seven day period you mention.

[Daryl32]

The second order basically states my application for relief from sanctions id dismissed for not being made in a timely manner. It did not give me another 7 days to apply for this to be overturned.

[atticus]

The first order?

[Daryl32]

Struck out as being a similar claim to one I discontinued. But it is not - I started it again precisely because it is different. The judge has basically just accepted what the defendant said when inviting the court to strike it out. Judge did not even have access to the original claim as it went to another court.

[atticus]

What was the 7 day bit in that order? Exact wording please.

[Daryl32]

"Having been made without a hearing, any party affected by this order may apply to the court to have the order set aside, varied or stayed, such application to be issued within 7 days of the deemed date of service of the order."

As I said, I did not even get this order until after this 9 day window, due to the strikes, etc.

(9 days = 2 days first class post, then 7 days to make the application to set aside)

[atticus]

Well, we got there in the end. You need to make exactly that point: you would have applied within 7 days had you received it on time, but the timing made that impossible.

You need to appeal the second order and ask that instead the first order be set aside. Make sure that you detail the timing as you have set it out, with dates.

[Daryl32]

But...is it an application, or an appeal?

[atticus]

I believe that I said that you need to appeal the second order, and what you should ask for in that appeal.