Sikpi v Catford Centre For Unemployed & Ors [1998] UKEAT 1106_98_1311 (13 November 1998)

Sikpi v Catford Centre For Unemployed & Ors [1998] UKEAT 1106_98_1311 (13 November 1998)

The delay in filing the Notice of Appeal was due to the decision being sent to the appellant's former lawyers rather than to him directly, and the appellant acted promptly upon receipt. These constitute exceptional circumstances justifying the exercise of discretion to extend time.

Citation
[1998] UKEAT 1106_98_1311
Parties
Appellant: Mr C Sikpi; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
13 November 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Extension of Time
Outcome
Time for filing Notice of Appeal extended
Legal Topics
Extension of Time, Notice of Appeal, Procedural Fairness
Employment Law Civil Procedure Extension of Time Notice of Appeal Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mr C Sikpi

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Extension of Time

Legal Issues

  1. 1 Whether the Notice of Appeal was filed out of time
  2. 2 Whether there are exceptional circumstances justifying extension of time

Ratio Decidendi

The delay in filing the Notice of Appeal was due to the decision being sent to the appellant's former lawyers rather than to him directly, and the appellant acted promptly upon receipt. These constitute exceptional circumstances justifying the exercise of discretion to extend time.

Court Disposition

Time for filing Notice of Appeal extended

Orders

  • Notice of Appeal to be treated as filed within time up to 25 August 1998
  • Appeal to be listed for preliminary hearing before full panel as soon as practicable