263 Late notice of appeal deemed to be application for leave to appeal

263 Late notice of appeal deemed to be application for leave to appeal

(1) A notice of appeal filed after the end of the period referred to in section 255(1) or 258 is deemed to be an application for leave to appeal on the grounds stated in the notice.

(2) The County Court may grant leave to appeal under subsection (1) and the appellant may proceed with the appeal if—

(a) the court considers that the failure to file a notice of appeal within the period referred to in section 255(1) or 258 was due to exceptional circumstances; and

(b) the court is satisfied that the respondent's case would not be materially prejudiced because of the delay.