Nalamolu v South London & Maudsley NHS Foundation Trust (Practice and Procedure : Appellate jurisdiction or Reasons or Burns-Barke) [2012] UKEAT 1804_10_0203 (02 March 2012)

Nalamolu v South London & Maudsley NHS Foundation Trust (Practice and Procedure : Appellate jurisdiction or Reasons or Burns-Barke) [2012] UKEAT 1804_10_0203 (02 March 2012)

The appellant failed to show any good or exceptional reason for the 144-day delay in appealing the Registrar’s order. The explanations given (lack of Practice Direction, pursuit of judicial review) were found implausible and unsupported by evidence. The appellant was repeatedly informed of the relevant rules and had access to necessary resources. The Registrar’s refusal to extend time was correct and the appeal was dismissed.

Citation
[2012] UKEAT 1804_10_0203
Parties
Appellant/claimant: Mr B Nalamolu; Respondent/solicitor for Respondent: Capsticks Solicitors LLP (Mrs S Ramadan)
Jurisdiction
United Kingdom
Judgment Date
02 March 2012
Procedural Posture
Appeal From Registrar’s Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time to Appeal Registrar’s Order
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Practice Direction Compliance, Judicial Review, Unfair Dismissal, Wrongful Dismissal, Unlawful Deductions
Employment Law Civil Procedure Extension of Time Appeal Procedure Practice Direction Compliance Judicial Review Unfair Dismissal Wrongful Dismissal +1 more

Case Brief

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Parties

Mr B Nalamolu

Appellant/claimant

Capsticks Solicitors LLP (Mrs S Ramadan)

Respondent/solicitor for Respondent

Procedural Posture

Appeal From Registrar’s Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time to Appeal Registrar’s Order

Legal Issues

  1. 1 Whether the appellant showed good reason for delay in appealing Registrar’s order
  2. 2 Whether failure to receive Practice Direction or pursuit of judicial review justified delay
  3. 3 Whether underlying merits of appeal justified extension of time

Ratio Decidendi

The appellant failed to show any good or exceptional reason for the 144-day delay in appealing the Registrar’s order. The explanations given (lack of Practice Direction, pursuit of judicial review) were found implausible and unsupported by evidence. The appellant was repeatedly informed of the relevant rules and had access to necessary resources. The Registrar’s refusal to extend time was correct and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal from the second decision of the Registrar is dismissed.
  • Permission to appeal refused.