This case makes clear that the decision of the Privy Council in AG Trinidad & Tobago v Matthews [2011] UKPC 38 is not effective in  the domestic law. Matthews held that a sanction had to be expressly imposed, it could not arise by implication. Hysaj concerned relief from sanctions where there had been a failure to file a Notice of Appeal within the set time limit. The Court of Appeal preferred to follow a well-established liner of domestic authority to the views expressed in Matthews.

Moore-Bick LJ said,

“36.        Whatever one may think of the doctrine of implied sanctions, therefore, particularly in the light of the views expressed by the Privy Council in the Matthews case [2011] UKPC 38 , I think that the approach to be taken to applications of the kind now under consideration is now too well established to be overturned. It follows that in my view the principles to be derived from the Mitchell case and the Denton case [2014] 1 WLR 3926 do apply to these applications.”

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