Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors (Practice and Procedure : Time for appealing) [2011] UKEAT 1783_10_2706 (27 June 2011)

Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors (Practice and Procedure : Time for appealing) [2011] UKEAT 1783_10_2706 (27 June 2011)

The appeal is allowed and time for appeal extended because the omission of one page was a venial, accidental error, fully explained and excused by the solicitor's office, with a modest system in place; the delay was minimal and did not prejudice the respondents in a legal sense.

Citation
[2011] UKEAT 1783_10_2706
Parties
Appellant: Mr Nicholas Hine; Appellant: Mrs Richenda Hine; Claimant: Mr Talbot; Claimant: Mrs Matthews; Second Respondent: Archant Dialogue
Jurisdiction
United Kingdom
Judgment Date
27 June 2011
Procedural Posture
Appeal From Registrar's Order / Application for Extension of Time to Appeal
Outcome
Appeal allowed; extension of time granted
Legal Topics
Extension of Time, Appeal Procedure, Practice Direction Compliance, Fault of Legal Adviser, TUPE Liability
Employment Law Civil Procedure Extension of Time Appeal Procedure Practice Direction Compliance Fault of Legal Adviser TUPE Liability

Case Brief

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Parties

Mr Nicholas Hine

Appellant

Mrs Richenda Hine

Appellant

Mr Talbot

Claimant

Mrs Matthews

Claimant

Archant Dialogue

Second Respondent

Procedural Posture

Appeal From Registrar's Order / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether discretion should be exercised to extend time for appeal when a page was omitted from the Notice of Appeal
  2. 2 Whether the error by the solicitor's office was sufficiently explained and excused

Ratio Decidendi

The appeal is allowed and time for appeal extended because the omission of one page was a venial, accidental error, fully explained and excused by the solicitor's office, with a modest system in place; the delay was minimal and did not prejudice the respondents in a legal sense.

Court Disposition

Appeal allowed; extension of time granted

Orders

  • Time for appeal extended by three days to validate the Notice of Appeal