M Hewer & Anor v HCT Group & Ors

M Hewer & Anor v HCT Group & Ors

The failure to submit the written judgment was not a minor error but, given the prompt rectification upon notification and the absence of prejudice, an extension of time is granted so the appeal is properly instituted within time.

Parties
Appellant: Ms M Hewer; Appellant: Mr E Martin; Respondent: HCT Group; Respondent: CT Plus CIC; Respondent: LC Transport (UK) LTD (In Liquidation)
Jurisdiction
England and Wales
Judgment Date
14 August 2024
Procedural Posture
Employment Appeal / Appeal From Registrar's Order
Outcome
extension of time granted; appeal to proceed
Legal Topics
Extension of Time, Appeal Procedure, Transfer of Undertakings (protection of Employment) Regulations (tupe), Procedural Compliance
Employment Law Civil Procedure Extension of Time Appeal Procedure Transfer of Undertakings (protection of Employment) Regulations (tupe) Procedural Compliance

Case Brief

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Parties

Ms M Hewer

Appellant

Mr E Martin

Appellant

HCT Group

Respondent

CT Plus CIC

Respondent

LC Transport (UK) LTD (In Liquidation)

Respondent

Procedural Posture

Employment Appeal / Appeal From Registrar's Order

Legal Issues

  1. 1 Whether failure to submit the written judgment with the notice of appeal is a minor error under Rule 37(5) EAT Rules
  2. 2 Whether an extension of time should be granted for late submission of the written judgment
  3. 3 Whether fault of legal advisers can justify extension of time for instituting appeal

Ratio Decidendi

The failure to submit the written judgment was not a minor error but, given the prompt rectification upon notification and the absence of prejudice, an extension of time is granted so the appeal is properly instituted within time.

Court Disposition

extension of time granted; appeal to proceed

Orders

  • Extension of time to institute the appeal is granted.
  • The appeal is now properly instituted and will proceed to sift.