Banai v Bristol & Weston Health Authority [1991] UKEAT 41_90_2009 (20 September 1991)

Banai v Bristol & Weston Health Authority [1991] UKEAT 41_90_2009 (20 September 1991)

The court held that, under the Practice Direction, service by post is deemed effected on the second working day after posting for first class mail. Posting the Notice of Appeal on the last day does not ensure timely service. However, an exception was made for Dr Banai in the first appeal as the practice was not previously announced, but not in the second appeal where there was no excuse for lateness.

Citation
[1991] UKEAT 41_90_2009
Parties
Appellant: Dr Banai; Respondent: Unknown Respondent(s)
Jurisdiction
United Kingdom
Judgment Date
20 September 1991
Procedural Posture
Appeal / Judgment on Extension of Time for Appeal Filing
Outcome
First appeal allowed as an exception; second appeal dismissed as out of time.
Legal Topics
Extension of Time, Service by Post, Appeal Procedure
Civil Procedure Employment Law Extension of Time Service by Post Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Banai

Appellant

Unknown Respondent(s)

Respondent

Procedural Posture

Appeal / Judgment on Extension of Time for Appeal Filing

Legal Issues

  1. 1 Whether the Notice of Appeal was filed in time under the relevant rules for service by post
  2. 2 Whether an extension of time should be granted for late filing of the Notice of Appeal

Ratio Decidendi

The court held that, under the Practice Direction, service by post is deemed effected on the second working day after posting for first class mail. Posting the Notice of Appeal on the last day does not ensure timely service. However, an exception was made for Dr Banai in the first appeal as the practice was not previously announced, but not in the second appeal where there was no excuse for lateness.

Court Disposition

First appeal allowed as an exception; second appeal dismissed as out of time.

Orders

  • First appeal: Extension of time granted and appeal proceeds.
  • Second appeal: Appeal dismissed for being out of time.