Broxson v Commissioners For Social Security [2002] EWCA Civ 99 (31 January 2002)

Broxson v Commissioners For Social Security [2002] EWCA Civ 99 (31 January 2002)

The Commissioner's refusal to extend time for appeal was within his discretion as Mr Broxson was aware of the tribunal's decision and had access to advisers; the application for judicial review was also out of time and no sufficient justification for the delay was provided.

Citation
[2002] EWCA Civ 99
Parties
Claimant/applicant: Thomas Broxson; Defendant/respondent: The Commissioners for the Social Security
Jurisdiction
England and Wales
Judgment Date
31 January 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Judicial Review, Extension of Time, Appeal Procedure, Social Security Benefits
Administrative Law Social Security Law Judicial Review Extension of Time Appeal Procedure Social Security Benefits

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Broxson

Claimant/applicant

The Commissioners for the Social Security

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the refusal to extend time for appeal by the Commissioner was outside the limits of discretion
  2. 2 Whether judicial review is available in the circumstances where the applicant was aware of the decision and had access to advisers
  3. 3 Whether the application for judicial review was out of time

Ratio Decidendi

The Commissioner's refusal to extend time for appeal was within his discretion as Mr Broxson was aware of the tribunal's decision and had access to advisers; the application for judicial review was also out of time and no sufficient justification for the delay was provided.

Court Disposition

Permission to appeal refused

Orders

  • Application refused
  • Permission to appeal refused