Green v Mears Ltd

Green v Mears Ltd

The Court of Appeal held that the EAT is entitled to maintain the strict Abdelghafar guidance on extensions of time for appeals, and is not required to adopt the Mitchell/Denton approach used under the Civil Procedure Rules. The EAT's refusal to extend time was lawful and reasonable, as the applicant failed to provide a sufficient explanation for the delay.

Parties
Appellant: Leslie Green; Respondent: Mears Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Judicial Discretion, Procedural Rules
Employment Law Civil Procedure Extension of Time Appeal Procedure Judicial Discretion Procedural Rules

Case Brief

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Parties

Leslie Green

Appellant

Mears Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the strict Abdelghafar guidance on extension of time for appeals to the EAT should be replaced by the Mitchell/Denton guidance applied under the Civil Procedure Rules
  2. 2 Whether the EAT erred in refusing an extension of time for filing an appeal

Ratio Decidendi

The Court of Appeal held that the EAT is entitled to maintain the strict Abdelghafar guidance on extensions of time for appeals, and is not required to adopt the Mitchell/Denton approach used under the Civil Procedure Rules. The EAT's refusal to extend time was lawful and reasonable, as the applicant failed to provide a sufficient explanation for the delay.

Court Disposition

Appeal dismissed