Nicol v Blackfriars Settlement

Nicol v Blackfriars Settlement

The Employment Appeal Tribunal Judge misdirected herself by treating the appeal as a review rather than a rehearing; the matter should be remitted for proper consideration as the outcome is not certain.

Source-derived case information.

Parties
Appellant: Cyril Nicol; Respondent: Blackfriars Settlement
Jurisdiction
England and Wales
Judgment Date
27 September 2018
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Appeal
Outcome
Permission to appeal granted; appeal allowed; matter remitted to the Employment Appeal Tribunal for reconsideration.
Legal Topics
Extension of Time, Appeals, Discretionary Powers
Employment Law Civil Procedure Extension of Time Appeals Discretionary Powers

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cyril Nicol

Appellant

Blackfriars Settlement

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal Judge misdirected herself by treating the appeal as a review rather than a rehearing
  2. 2 Whether the appellant's explanation for missing the appeal deadline constituted exceptional circumstances justifying an extension of time

Ratio Decidendi

The Employment Appeal Tribunal Judge misdirected herself by treating the appeal as a review rather than a rehearing; the matter should be remitted for proper consideration as the outcome is not certain.

Court Disposition

Permission to appeal granted; appeal allowed; matter remitted to the Employment Appeal Tribunal for reconsideration.

Orders

  • Appellant granted permission to appeal.
  • Appeal allowed.