Midland Packaging Ltd v Clark [2005] UKEAT 1146_04_1402 (14 February 2005)

Midland Packaging Ltd v Clark [2005] UKEAT 1146_04_1402 (14 February 2005)

A Notice of Appeal that has commenced electronic transmission to the tribunal before the deadline, even if not fully printed out or received in readable form until after the deadline, is not out of time; the act of transmission beginning before the deadline suffices for timely lodgment.

Source-derived case information.

Citation
[2005] UKEAT 1146_04_1402
Parties
Appellant: Midland Packaging Ltd; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
14 February 2005
Procedural Posture
Appeal From Registrar's Order / Determination of Timeliness of Notice of Appeal
Outcome
Appeal allowed
Legal Topics
Time Limits for Appeal, Service by Fax, Extension of Time, Notice of Appeal Requirements
Employment Law Civil Procedure Time Limits for Appeal Service by Fax Extension of Time Notice of Appeal Requirements

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Parties

Midland Packaging Ltd

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Appeal From Registrar's Order / Determination of Timeliness of Notice of Appeal

Legal Issues

  1. 1 Whether a Notice of Appeal faxed before the deadline but completed after is out of time
  2. 2 Whether partial electronic delivery before the deadline constitutes timely lodgment

Ratio Decidendi

A Notice of Appeal that has commenced electronic transmission to the tribunal before the deadline, even if not fully printed out or received in readable form until after the deadline, is not out of time; the act of transmission beginning before the deadline suffices for timely lodgment.

Court Disposition

Appeal allowed

Orders

  • Notice of Appeal deemed in time
  • No extension of time application necessary