Farmer v Heart of Birmingham Teaching Primary Care Trust & Anor (Practice and Procedure: Appellate jurisdiction/Reasons/Burns-Barke) [2015] UKEAT 0896_14_3103 (31 March 2015)

Farmer v Heart of Birmingham Teaching Primary Care Trust & Anor (Practice and Procedure: Appellate jurisdiction/Reasons/Burns-Barke) [2015] UKEAT 0896_14_3103 (31 March 2015)

The combination of unforeseen circumstances, including counsel’s illness, internet outage, and faxing errors, constituted a full and honest explanation for the delay. The actions taken were reasonable and prompt except for an initial regrettable delay. The discretion to extend time was exercised due to the slight nature of the delay and the unusual circumstances, consistent with established principles.

Citation
[2015] UKEAT 0896_14_3103
Parties
Appellant Counsel: Allan Roberts; First and Third Respondents Counsel: Tariq Sadiq; Second Respondent Counsel: Jonathan Meichen
Jurisdiction
United Kingdom
Judgment Date
31 March 2015
Procedural Posture
Appeal From Registrar’s Order / Appeal Hearing Before Mr Justice Langstaff
Outcome
Appeal dismissed; time extended for lodging appeal.
Legal Topics
Extension of Time, Appeal Procedure, Registrar’s Discretion
Employment Law Civil Procedure Extension of Time Appeal Procedure Registrar’s Discretion

Case Brief

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Parties

Allan Roberts

Appellant Counsel

Tariq Sadiq

First and Third Respondents Counsel

Jonathan Meichen

Second Respondent Counsel

Procedural Posture

Appeal From Registrar’s Order / Appeal Hearing Before Mr Justice Langstaff

Legal Issues

  1. 1 Whether the discretion to extend time for lodging an appeal should be exercised
  2. 2 Whether the explanation for delay constitutes a good excuse

Ratio Decidendi

The combination of unforeseen circumstances, including counsel’s illness, internet outage, and faxing errors, constituted a full and honest explanation for the delay. The actions taken were reasonable and prompt except for an initial regrettable delay. The discretion to extend time was exercised due to the slight nature of the delay and the unusual circumstances, consistent with established principles.

Court Disposition

Appeal dismissed; time extended for lodging appeal.

Orders

  • Time for lodging the Notice of Appeal extended by half an hour to permit receipt at 16:08.