Kinsman v Honeywell Normalair - Garrett Ltd [2017] UKEAT 0644_16_1206 (12 June 2017)

Kinsman v Honeywell Normalair - Garrett Ltd [2017] UKEAT 0644_16_1206 (12 June 2017)

The appeal was dismissed because the claimant's solicitors failed to provide a good excuse for missing the deadline; there was no system to confirm receipt of the appeal documents, and the error was not exceptional. The strict enforcement of time limits in this jurisdiction precludes granting an extension in the absence of a reasonable excuse or exceptional circumstances.

Citation
[2017] UKEAT 0644_16_1206
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
12 June 2017
Procedural Posture
Employment Appeal Tribunal Appeal / Appeal From Registrar’s Order Refusing Extension of Time
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Limitation Periods, Age Discrimination, Pension Rights, Wasted Costs
Employment Law Civil Procedure Extension of Time Appeal Procedure Limitation Periods Age Discrimination Pension Rights Wasted Costs

Case Brief

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal Appeal / Appeal From Registrar’s Order Refusing Extension of Time

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal should grant an extension of time for lodging an appeal out of time
  2. 2 Whether the explanation for the default constitutes a good excuse
  3. 3 Whether exceptional circumstances justify granting an extension despite no good excuse

Ratio Decidendi

The appeal was dismissed because the claimant's solicitors failed to provide a good excuse for missing the deadline; there was no system to confirm receipt of the appeal documents, and the error was not exceptional. The strict enforcement of time limits in this jurisdiction precludes granting an extension in the absence of a reasonable excuse or exceptional circumstances.

Court Disposition

Appeal dismissed

Orders

  • Extension of time refused
  • Application for wasted costs refused