J v K & Anor (Practice and Procedure: Time for appealing) [2017] UKEAT 0661_16_1005 (10 May 2017)

J v K & Anor (Practice and Procedure: Time for appealing) [2017] UKEAT 0661_16_1005 (10 May 2017)

The appeal was not lodged in time as required by Rule 37(1A) of the Employment Appeal Tribunal Rules 1993, which mandates a 4pm deadline. Rule 39(1) does not validate a late appeal. The appellant failed to provide specific medical evidence showing his disabilities prevented timely compliance. No sufficient or...

Source-derived case information.

Citation
[2017] UKEAT 0661_16_1005
Parties
Appellant: J; Respondent: K; Respondent: L
Jurisdiction
United Kingdom
Judgment Date
10 May 2017
Procedural Posture
Employment Appeal Tribunal Appeal / Appeal From Registrar’s Order Refusing Extension of Time to Appeal
Outcome
Appeal dismissed
Legal Topics
Time Limits for Appeal, Extension of Time, Disability and Procedural Fairness, Costs Orders, Practice and Procedure in Employment Appeal Tribunal
Employment Law Civil Procedure Time Limits for Appeal Extension of Time Disability and Procedural Fairness Costs Orders Practice and Procedure in Employment Appeal Tribunal

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Parties

J

Appellant

K

Respondent

L

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appeal was lodged in time under the Employment Appeal Tribunal Rules 1993
  2. 2 Whether Rule 39(1) of the Rules validates a late appeal
  3. 3 Whether the appellant's disabilities justified an extension of time for appealing

Ratio Decidendi

The appeal was not lodged in time as required by Rule 37(1A) of the Employment Appeal Tribunal Rules 1993, which mandates a 4pm deadline. Rule 39(1) does not validate a late appeal. The appellant failed to provide specific medical evidence showing his disabilities prevented timely compliance. No sufficient or exceptional justification for the delay was established. The Registrar’s refusal to extend time was correct.

Court Disposition

Appeal dismissed

Orders

  • No extension of time granted for lodging appeal
  • Registrar’s order refusing extension of time upheld