Morgan Moore Engineering Ltd v Engineering Construction Industry Training Board [1999] ScotCS 14 (12 January 1999)
The industrial tribunal erred in law by adopting an unduly restrictive view of its jurisdiction to grant extensions of time for appeal under the Levy Order; the tribunal's discretion was wider than it had assumed.
- Citation
- [1999] ScotCS 14
- Parties
- Pursuer: Morgan Moore Engineering Limited; Defender: Engineering Construction Industry Training Board
- Jurisdiction
- Scotland
- Judgment Date
- 12 January 1999
- Procedural Posture
- Appeal / Appeal From Industrial Tribunal Decision to Court of Session
- Outcome
- Appeal allowed
- Legal Topics
- Industrial Training Levy, Appeal Procedure, Extension of Time, Compliance With Procedural Rules
Case Brief
Summary, issues, holding and outcome
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Parties
Morgan Moore Engineering Limited
Pursuer
Engineering Construction Industry Training Board
Defender
Procedural Posture
Appeal / Appeal From Industrial Tribunal Decision to Court of Session
Legal Issues
- 1 Whether the appellant's letter constituted a valid notice of appeal under the regulations
- 2 Whether the Board granted an extension of time for appeal
- 3 Whether the industrial tribunal misdirected itself in law regarding its jurisdiction to grant extensions
Ratio Decidendi
The industrial tribunal erred in law by adopting an unduly restrictive view of its jurisdiction to grant extensions of time for appeal under the Levy Order; the tribunal's discretion was wider than it had assumed.
Court Disposition
Appeal allowed
Orders
- Application referred back to the industrial tribunal for reconsideration
Full Case Text
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