Moore v. Lord Chancellor's Department & Anor [2003] UKEAT 64_03_1402 (14 February 2003)

Moore v. Lord Chancellor's Department & Anor [2003] UKEAT 64_03_1402 (14 February 2003)

The Notice of Appearance was lodged within the 21-day period as calculated under the Regulations, with the first day excluded; there was no error in the Regional Chairman's construction. The applicant's conduct in bringing the appeal was unreasonable, justifying an award of costs to the respondents.

Citation
[2003] UKEAT 64_03_1402
Parties
Appellant: Mr Philton Moore; Respondents: Lord Chancellor's Department and others
Jurisdiction
United Kingdom
Judgment Date
14 February 2003
Procedural Posture
Employment Appeal Tribunal (eat) Interlocutory Appeal / Interlocutory Hearing on Timeliness of Notice of Appearance and Application for Costs
Outcome
Appeal dismissed; costs awarded to respondents.
Legal Topics
Time Limits for Notice of Appearance, Extension of Time Discretion, Costs in Employment Appeal Tribunal, Calculation of Procedural Time Periods
Employment Law Civil Procedure Time Limits for Notice of Appearance Extension of Time Discretion Costs in Employment Appeal Tribunal Calculation of Procedural Time Periods

Case Brief

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Parties

Mr Philton Moore

Appellant

Lord Chancellor's Department and others

Respondents

Procedural Posture

Employment Appeal Tribunal (eat) Interlocutory Appeal / Interlocutory Hearing on Timeliness of Notice of Appearance and Application for Costs

Legal Issues

  1. 1 Whether the Notice of Appearance was lodged within the prescribed time under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001
  2. 2 Whether the Regional Chairman erred in construction of the time calculation rules
  3. 3 Whether discretion to extend time was properly exercised or required

Ratio Decidendi

The Notice of Appearance was lodged within the 21-day period as calculated under the Regulations, with the first day excluded; there was no error in the Regional Chairman's construction. The applicant's conduct in bringing the appeal was unreasonable, justifying an award of costs to the respondents.

Court Disposition

Appeal dismissed; costs awarded to respondents.

Orders

  • Respondents awarded costs of £785.00 plus VAT, subject to confirmation of solicitor's hourly rate.
  • Case to proceed before the London Central Tribunal as scheduled.