A respondent to the application for leave to appeal out of time must file in the court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
(a) the application were an originating application; and
(b) the respondent were a defendant; and
(c) the appellant were the plaintiff; and
(d) any other necessary changes were made.
Note The
respondent must file and serve any material in response to the application
within 14 days after service of the application on the respondent (see the
practice direction).
Note to div 5.4.4
See also sdiv 5.4.7.4 (Appeals to Court of Appeal—convictions and sentences generally).