Bruce & Ors v Nathan & Co [1995] UKEAT 192_95_1710 (17 October 1995)

Bruce & Ors v Nathan & Co [1995] UKEAT 192_95_1710 (17 October 1995)

The applicants had a good and satisfactory excuse for the delay, as they had expressly instructed their solicitors to appeal and reasonably believed the solicitors would act once the written reasons were received. The Tribunal's unusual failure to send the written reasons to the solicitors constituted exceptional circumstances justifying an extension of time.

Citation
[1995] UKEAT 192_95_1710
Parties
Appellant: Mr Bruce; Appellant: Mr McMahon; Appellant: Mr Phillips; Respondent: Nathan & Co
Jurisdiction
United Kingdom
Judgment Date
17 October 1995
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
appeal allowed
Legal Topics
Extension of Time, Unfair Dismissal, Redundancy, Appeal Procedure
Employment Law Procedural Law Extension of Time Unfair Dismissal Redundancy Appeal Procedure

Case Brief

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Parties

Mr Bruce

Appellant

Mr McMahon

Appellant

Mr Phillips

Appellant

Nathan & Co

Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicants had a good excuse for failing to file a notice of appeal within the prescribed time
  2. 2 Whether the circumstances justified the exceptional step of granting an extension of time

Ratio Decidendi

The applicants had a good and satisfactory excuse for the delay, as they had expressly instructed their solicitors to appeal and reasonably believed the solicitors would act once the written reasons were received. The Tribunal's unusual failure to send the written reasons to the solicitors constituted exceptional circumstances justifying an extension of time.

Court Disposition

appeal allowed

Orders

  • Extension of time to appeal granted to 13 October 1995