Immigration Advisory Services v Oommen [1997] UKEAT 234_97_1903 (19 March 1997)

Immigration Advisory Services v Oommen [1997] UKEAT 234_97_1903 (19 March 1997)

The 21-day period for payment of a deposit under Rule 7(7) of the Industrial Tribunal Rules begins on the date of deemed delivery in the ordinary course of post, not the date of posting, in accordance with s.7 of the Interpretation Act 1978. There is no contrary intention in the Rules to displace this interpretation. Payment made within 21 days of receipt is timely. The tribunal also has power to extend time under Rule 15, as there is no express exclusion for Rule 7 cases.

Citation
[1997] UKEAT 234_97_1903
Parties
Respondent: Mr Oommen; Appellants: Appellants (not named in judgment)
Jurisdiction
United Kingdom
Judgment Date
19 March 1997
Procedural Posture
Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Interpretation of Statutory Time Limits, Service by Post, Extension of Time, Industrial Tribunal Procedure
Employment Law Civil Procedure Interpretation of Statutory Time Limits Service by Post Extension of Time Industrial Tribunal Procedure

Case Brief

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Parties

Mr Oommen

Respondent

Appellants (not named in judgment)

Appellants

Procedural Posture

Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the 21-day period for payment of a deposit under Rule 7(7) of the Industrial Tribunal Rules begins on the date of posting or the date of receipt of the order
  2. 2 Whether the tribunal has power to extend time for payment under Rule 15 in cases governed by Rule 7(7)

Ratio Decidendi

The 21-day period for payment of a deposit under Rule 7(7) of the Industrial Tribunal Rules begins on the date of deemed delivery in the ordinary course of post, not the date of posting, in accordance with s.7 of the Interpretation Act 1978. There is no contrary intention in the Rules to displace this interpretation. Payment made within 21 days of receipt is timely. The tribunal also has power to extend time under Rule 15, as there is no express exclusion for Rule 7 cases.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • The cross-appeal is allowed: the 21-day period runs from the date of receipt of the order.
  • The appeal is dismissed: payment was made within time.