Case number and/or case name
Ioanna Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB)
Summary
This was an application for registration of a consent order made by the Cypriot court.
The application was made by the NBG (Cyprus) Ltd. The value of the claim was over €7 million. The sum of money was due by Mr and Mrs Christofi under a loan agreement. On 14th May 2014, a registration order was made by Deputy Master Eyre.
This was an appeal against the registration order. The appeal was made by Mrs Christofi on the ground that the Settlement Order was made in default of appearance. However, the appellants’ notice was made late, 22 days out of time. The English court refused to extend the mandatory time limit, and dismissed Mrs Christofi’s application. Mrs Justice Andrews held:
“76 The answer to the first question is therefore that 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.”[76].