When an appeal has been dismissed by operation of a springing order, the court may consider whether the grounds of appeal have a reasonable prospect of succeeding as part of the discretionary assessment on an application for extension of time. Failure to comply with a springing order is an egregious breach and an extension will only be granted where compelling reasons are established. A psychiatric report based on a single consultation and largely uncorroborated history, without contemporaneous medical evidence from treating practitioners, will not constitute cogent evidence of incapacity to explain non-compliance.
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