McDade v. Critchlow & Ors [2000] EAT 1442_99_2607 (26 July 2000)

McDade v. Critchlow & Ors [2000] EAT 1442_99_2607 (26 July 2000)

Exceptional circumstances existed due to confusing tribunal correspondence and delays by both tribunal and respondents; discretion exercised to extend time for appeal as no substantial prejudice to respondents was shown.

Citation
[2000] EAT 1442_99_2607
Parties
Appellant: L. D. McDade; Respondents: Julian Critchlow & Others
Jurisdiction
United Kingdom
Judgment Date
26 July 2000
Procedural Posture
Appeal Against Registrar’s Order / Appeal Hearing Before Mr Justice Lindsay
Outcome
Appeal allowed; extension of time granted.
Legal Topics
Extension of Time, Appeal Procedure, Unfair Dismissal, Wrongful Dismissal, Sex Discrimination
Employment Law Civil Procedure Extension of Time Appeal Procedure Unfair Dismissal Wrongful Dismissal Sex Discrimination

Case Brief

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Parties

L. D. McDade

Appellant

Julian Critchlow & Others

Respondents

Procedural Posture

Appeal Against Registrar’s Order / Appeal Hearing Before Mr Justice Lindsay

Legal Issues

  1. 1 Whether time for lodging appeal should be extended
  2. 2 Whether confusion caused by tribunal correspondence justifies extension
  3. 3 Whether delay by tribunal and respondents affects discretion to extend time

Ratio Decidendi

Exceptional circumstances existed due to confusing tribunal correspondence and delays by both tribunal and respondents; discretion exercised to extend time for appeal as no substantial prejudice to respondents was shown.

Court Disposition

Appeal allowed; extension of time granted.

Orders

  • Time for lodging appeal against decisions of 23 August and 28 September 1999 extended until 30 November 1999.