Shuttleworth & Anor v. Johnson [2001] UKEAT 1247_00_3001 (30 January 2001)

Shuttleworth & Anor v. Johnson [2001] UKEAT 1247_00_3001 (30 January 2001)

Notice of Appeal was not out of time as extended reasons had not been sent to Mr Shuttleworth and Mr Adams as parties; Registrar's Order refusing extension of time must be set aside.

Citation
[2001] UKEAT 1247_00_3001
Parties
Appellant: Mr R Shuttleworth; Appellant: Mr G Adams; Respondent: Mr L Johnson; Respondent: Hurlston Design Ltd
Jurisdiction
United Kingdom
Judgment Date
30 January 2001
Procedural Posture
Appeal Against Registrar's Order / Appeal Hearing Before Mr Justice Lindsay
Outcome
appeal allowed
Legal Topics
Extension of Time, Joinder of Parties, Jurisdiction, Race Relations Act 1976
Employment Law Racial Discrimination Extension of Time Joinder of Parties Jurisdiction Race Relations Act 1976

Case Brief

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Parties

Mr R Shuttleworth

Appellant

Mr G Adams

Appellant

Mr L Johnson

Respondent

Hurlston Design Ltd

Respondent

Procedural Posture

Appeal Against Registrar's Order / Appeal Hearing Before Mr Justice Lindsay

Legal Issues

  1. 1 Whether the Notice of Appeal was out of time for Mr Shuttleworth and Mr Adams
  2. 2 Whether late-joined parties can challenge earlier decisions
  3. 3 Proper construction of EAT Rule 3(2) regarding time limits

Ratio Decidendi

Notice of Appeal was not out of time as extended reasons had not been sent to Mr Shuttleworth and Mr Adams as parties; Registrar's Order refusing extension of time must be set aside.

Court Disposition

appeal allowed

Orders

  • Registrar's Order refusing extension of time set aside
  • Application to extend time adjourned generally with liberty to restore