Peters v Sat Katar Co Ltd.

Peters v Sat Katar Co Ltd.

A litigant in person who posts a notice of appeal well before the deadline and receives no acknowledgment is entitled to assume delivery unless advised otherwise; failure of postal delivery, absent fault or contrary guidance, is a relevant consideration justifying extension of time.

Parties
Appellant: Ms Hazel Peters; Respondent: Sat Katar Co Limited
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
appeal allowed
Legal Topics
Extension of Time, Unfair Dismissal, Sex Discrimination, Litigant in Person, Postal Service Failure

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Hazel Peters

Appellant

Sat Katar Co Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

  1. 1 Whether the Employment Appeal Tribunal erred in refusing an extension of time for appealing due to postal failure
  2. 2 Whether a litigant in person is required to check receipt of posted documents absent specific guidance

Ratio Decidendi

A litigant in person who posts a notice of appeal well before the deadline and receives no acknowledgment is entitled to assume delivery unless advised otherwise; failure of postal delivery, absent fault or contrary guidance, is a relevant consideration justifying extension of time.

Court Disposition

appeal allowed

Orders

  • Order of the judge and Registrar set aside
  • Extension of time to appeal granted to Ms Peters