Stevenson v General Optical Council

Stevenson v General Optical Council

The appeal was out of time because the statutory 28-day period began on the day of service (18 September 2014), expiring at midnight on 15 October 2014. The appeal notice was received on 16 October 2014. No exceptional circumstances were established to justify extension of time, as the appellant's actions and the...

Source-derived case information.

Parties
Appellant: Stevenson; Respondent: General Optical Council
Jurisdiction
England and Wales
Judgment Date
30 September 2015
Procedural Posture
Statutory Appeal (professional Regulation) / Preliminary Issue on Timeliness of Appeal
Outcome
Appeal dismissed as out of time.
Legal Topics
Time Limits for Appeals, Extension of Time, Exceptional Circumstances, Article 6 ECHR Compliance, Costs in Statutory Appeals
Administrative Law Professional Regulation Civil Procedure Time Limits for Appeals Extension of Time Exceptional Circumstances Article 6 ECHR Compliance Costs in Statutory Appeals

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stevenson

Appellant

General Optical Council

Respondent

Procedural Posture

Statutory Appeal (professional Regulation) / Preliminary Issue on Timeliness of Appeal

Legal Issues

  1. 1 Whether the appeal was brought within the statutory 28-day time limit under the Opticians Act 1989
  2. 2 Whether the court has discretion to extend time for appeal in exceptional circumstances
  3. 3 Whether exceptional circumstances existed in this case to justify extension of time

Ratio Decidendi

The appeal was out of time because the statutory 28-day period began on the day of service (18 September 2014), expiring at midnight on 15 October 2014. The appeal notice was received on 16 October 2014. No exceptional circumstances were established to justify extension of time, as the appellant's actions and the risks taken did not meet the threshold set by relevant case law.

Court Disposition

Appeal dismissed as out of time.

Orders

  • Appellant to pay respondent's costs, subject to detailed assessment if not agreed.