MTN-1 Limited v David Ross O’Daly

MTN-1 Limited v David Ross O’Daly

The appeal was properly instituted by the 8 June 2020 email, but was one day late. The CEO’s mental impairments (ADHD and depression) materially and substantially explained the delay. Applying the guidance in J v K, justice required an extension of time, and there were no compelling reasons not to grant it.

Parties
Appellant/respondent: MTN-1 Limited; Respondent/claimant: Mr David Ross O’Daly
Jurisdiction
England and Wales
Judgment Date
12 August 2022
Procedural Posture
Employment Appeal / Appeal Against Registrar’s Order; Application for Extension of Time
Outcome
Extension of time granted for appeal to proceed.
Legal Topics
Extension of Time, Mental Impairment and Litigation Conduct, Practice and Procedure in Appeals, Rule 21 Judgment, Unfair Dismissal, Wrongful Dismissal
Employment Law Civil Procedure Extension of Time Mental Impairment and Litigation Conduct Practice and Procedure in Appeals Rule 21 Judgment Unfair Dismissal Wrongful Dismissal

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Parties

MTN-1 Limited

Appellant/respondent

Mr David Ross O’Daly

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal Against Registrar’s Order; Application for Extension of Time

Legal Issues

  1. 1 Whether the appeal was properly instituted out of time
  2. 2 Whether an extension of time should be granted due to the CEO’s mental impairments
  3. 3 Whether the tribunal’s judgment contained sufficient reasons

Ratio Decidendi

The appeal was properly instituted by the 8 June 2020 email, but was one day late. The CEO’s mental impairments (ADHD and depression) materially and substantially explained the delay. Applying the guidance in J v K, justice required an extension of time, and there were no compelling reasons not to grant it.

Court Disposition

Extension of time granted for appeal to proceed.

Orders

  • Time for instituting the appeal is extended.