Dominy v. Drake & Scull Technical Services Ltd [2001] UKEAT 0139_01_1907 (19 July 2001)

No exceptional reason was shown why an appeal could not have been presented within the time limit; deemed service by post applies and professional advisers should have acted accordingly.

Citation: [2001] UKEAT 0139_01_1907
Parties: Appellant: Miss A Dominy; Respondent: Drake & Scull Technical Services Ltd
Jurisdiction: United Kingdom
Judgment Date: 19 July 2001
Procedural Posture: Appeal From Registrar's Order / Interlocutory Appeal Regarding Extension of Time for Lodging Notice of Appeal
Outcome: Application for extension of time refused; appeal not allowed.
Legal Topics: Extension of Time, Service by Post, Appeal Deadlines

Employment Law Civil Procedure Extension of Time Service by Post Appeal Deadlines

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Parties

Miss A Dominy

Appellant

Drake & Scull Technical Services Ltd

Respondent

Procedural Posture

Appeal From Registrar's Order / Interlocutory Appeal Regarding Extension of Time for Lodging Notice of Appeal

Legal Issues

1 Whether exceptional circumstances justify extension of time for lodging Notice of Appeal
2 Whether service by post constitutes good service under relevant rules
3 Whether non-receipt of Tribunal decision affects appeal deadline

Ratio Decidendi

No exceptional reason was shown why an appeal could not have been presented within the time limit; deemed service by post applies and professional advisers should have acted accordingly.

Court Disposition

Application for extension of time refused; appeal not allowed.

Orders

Appellant to furnish sworn statements addressing receipt of Tribunal decision, office practice, delay in lodging appeal, and addresses for service within 35 days if further consideration is sought.