Arkell & Anor v. Tibbetts [2000] EAT 461_99_0702 (7 February 2000)

Arkell & Anor v. Tibbetts [2000] EAT 461_99_0702 (7 February 2000)

The appeal for extension of time cannot be allowed because the underlying proceedings were stayed following a compromise, and there has been no appeal against the stay. Even if time for appeal had not started due to lack of reasons, the stay prevents the appeal from proceeding.

Citation
[2000] EAT 461_99_0702
Parties
Appellant: Mr N D Arkell; Appellant: PSU Designs Ltd; Respondent: Mrs S Tibbetts
Jurisdiction
United Kingdom
Judgment Date
07 February 2000
Procedural Posture
Appeal From Registrar's Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time for Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Compromise and Stay of Proceedings, Duress

Case Brief

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Parties

Mr N D Arkell

Appellant

PSU Designs Ltd

Appellant

Mrs S Tibbetts

Respondent

Procedural Posture

Appeal From Registrar's Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time for Appeal

  1. 1 Whether extension of time for appeal should be granted where no reasons were given for the original order
  2. 2 Whether the compromise was entered into under duress
  3. 3 Whether appeal can proceed where proceedings have been stayed

Ratio Decidendi

The appeal for extension of time cannot be allowed because the underlying proceedings were stayed following a compromise, and there has been no appeal against the stay. Even if time for appeal had not started due to lack of reasons, the stay prevents the appeal from proceeding.

Court Disposition

Appeal dismissed

Orders

  • Appeal against Registrar's refusal to extend time is dismissed.