Akyeampong v. Barclays Bank Plc & Anor [2008] UKEAT 0940_08_0204 (2 April 2008)

Akyeampong v. Barclays Bank Plc & Anor [2008] UKEAT 0940_08_0204 (2 April 2008)

The appellant failed to provide an acceptable or exceptional explanation for the delay in lodging the Notice of Appeal. The reasons given did not justify the delay, and the rules regarding time limits are strict. There was no merit in the underlying case, and no grounds existed for exercising discretion to extend time.

Citation
[2008] UKEAT 0940_08_0204
Parties
Appellant/claimant: C Akyeampong; Respondent: Barclays Bank Plc
Jurisdiction
United Kingdom
Judgment Date
02 April 2008
Procedural Posture
Appeal From Registrar’s Order / Hearing and Judgment on Extension of Time to Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Appellate Jurisdiction, Strike Out of Claim, Notice of Appeal, Discretion to Extend Time
Civil Procedure Employment Law Extension of Time Appellate Jurisdiction Strike Out of Claim Notice of Appeal Discretion to Extend Time

Case Brief

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Parties

C Akyeampong

Appellant/claimant

Barclays Bank Plc

Respondent

Procedural Posture

Appeal From Registrar’s Order / Hearing and Judgment on Extension of Time to Appeal

Legal Issues

  1. 1 Whether the appellant provided an acceptable explanation for the delay in lodging the Notice of Appeal by one day
  2. 2 Whether the court should exercise its discretion to extend time for appeal

Ratio Decidendi

The appellant failed to provide an acceptable or exceptional explanation for the delay in lodging the Notice of Appeal. The reasons given did not justify the delay, and the rules regarding time limits are strict. There was no merit in the underlying case, and no grounds existed for exercising discretion to extend time.

Court Disposition

Appeal dismissed

Orders

  • No extension of time granted for lodging Notice of Appeal
  • Permission to appeal refused