Timing for e-filing: midnight or 4.30pm? (Microsoft Ireland v JJH Enterprises)

In Microsoft Ireland Operations Ltd and others v JJH Enterprises Ltd (trading as ValueLicensing) [2022] EWCA Civ 1509, the Court of Appeal has confirmed that an Appellant's Notice can be filed up until midnight on the relevant day if filed electronically under PD 51O (the 'Electronic Working Pilot Scheme'). CPR 52.12(2) defines the time period within which an Appellant's Notice must be filed but does not specify the time of day by which filing must occur. The court held that there was no reason why electronic filing should have to take place by a particular time, such as 4.30pm. Electronic filing was not introduced in order to supplement other methods (such as email, post or fax). It was intended to replace such methods with a wholly new scheme through which parties can issue proceedings and file documents online '24 hours a day every day all year round'.