Arthur v Ofsted [2006] EWCST 685(EY) (19 May 2006)

Arthur v Ofsted [2006] EWCST 685(EY) (19 May 2006)

The appeal was not out of time because, although the deadline fell on a Saturday, the earliest the appeal could have been processed was the following Monday, when it was in fact received. The application to strike out for lack of prospect of success was premature as the appellant had not yet been required to provide...

Source-derived case information.

Citation
[2006] EWCST 685
Parties
Appellant: David Arthur; Respondent: OFSTED
Jurisdiction
England and Wales
Judgment Date
19 May 2006
Procedural Posture
Appeal / Application to Strike Out Appeal
Outcome
application to strike out dismissed
Legal Topics
Appeal Deadlines, Strike Out Applications, Care Standards Regulation
Administrative Law Child Care Law Appeal Deadlines Strike Out Applications Care Standards Regulation

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Parties

David Arthur

Appellant

OFSTED

Respondent

Procedural Posture

Appeal / Application to Strike Out Appeal

Legal Issues

  1. 1 Whether the appeal was filed within the statutory time limit
  2. 2 Whether the appeal is misconceived and has no prospect of success

Ratio Decidendi

The appeal was not out of time because, although the deadline fell on a Saturday, the earliest the appeal could have been processed was the following Monday, when it was in fact received. The application to strike out for lack of prospect of success was premature as the appellant had not yet been required to provide further information or amend his grounds.

Court Disposition

application to strike out dismissed

Orders

  • The application to strike out the appeal pursuant to Regulation 4A(1)(a)(i) is dismissed.
  • The application to strike out the appeal pursuant to Regulation 4A(1)(b) is dismissed.