Customs and Excise v. Sawdon [2000] EAT 1296_99_1611 (16 November 2000)

Customs and Excise v. Sawdon [2000] EAT 1296_99_1611 (16 November 2000)

Finality in litigation is not compromised by granting the extension, as the substantive appeal will proceed regardless; this consideration tips the balance in favour of granting the extension.

Citation
[2000] EAT 1296_99_1611
Parties
Appellant: HM Customs and Excise; Respondent: D. D. Sawdon
Jurisdiction
United Kingdom
Judgment Date
16 November 2000
Procedural Posture
Appeal From Registrar's Order / Application for Extension of Time to Lodge Notice of Appeal
Outcome
extension of time granted
Legal Topics
Extension of Time, Jurisdiction, Unlawful Wage Deductions
Employment Law Extension of Time Jurisdiction Unlawful Wage Deductions

Case Brief

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Parties

HM Customs and Excise

Appellant

D. D. Sawdon

Respondent

Procedural Posture

Appeal From Registrar's Order / Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

  1. 1 Whether extension of time should be granted for lodging notice of appeal
  2. 2 Whether sums paid under Home Civil Service Third Party Injury Regulations 1983 constitute wages under section 27 of the Employment Rights Act 1996

Ratio Decidendi

Finality in litigation is not compromised by granting the extension, as the substantive appeal will proceed regardless; this consideration tips the balance in favour of granting the extension.

Court Disposition

extension of time granted

Orders

  • Time for lodging Notice of Appeal extended until 15 October 1999
  • Notice of Appeal received by EAT on 15 October 1999 is validated