Court of Appeal Hands Down Important Decision on the Timing of Statutory Appeals

On 31 March 2026, the Court of Appeal handed down judgment in Eskander v General Medical Council [2026] EWCA Civ 372.

Nugee LJ (with whom Baker and Cobb LJJ agreed) held, contrary to previous authority, that an appeal under section 40 of the Medical Act 1983 is brought when an appellant’s notice is delivered to the court office irrespective of whether or not a fee is paid at the same time.

In reaching this conclusion, the court (a) applied Siniakovich v Hassan-Soudey [2026] EWCA Civ 215 (in which a different constitution of the Court of Appeal ruled that an action was brought, for the purpose of the Limitation Act 1980, when a claim form was delivered to the court office with an incorrect fee) and (b) found that no material distinction could be drawn between payment of an incorrect fee and failure to pay any fee.

This is an important judgment that is likely to affect calculation of the time in all statutory appeals and civil actions governed by the Limitation Act 1980.

39 Essex Chambers’ barrister Peter Mant KC acted for the GMC.

The judgment can be found at: https://www.bailii.org/ew/cases/EWCA/Civ/2026/372.html