Basra v Air Canada & Anor [1998] UKEAT 621_98_0112 (1 December 1998)

Basra v Air Canada & Anor [1998] UKEAT 621_98_0112 (1 December 1998)

A change or clarification in the law after the expiry of the appeal period does not constitute a sufficient reason to extend time for appealing a decision that was final and binding when made. The public interest in finality of litigation outweighs the applicant's argument for extension based on subsequent legal developments.

Citation
[1998] UKEAT 621_98_0112
Parties
Appellant: Mrs Basra; Respondents: London Borough of Brent and others
Jurisdiction
United Kingdom
Judgment Date
01 December 1998
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Appeal Against Registrar's Refusal to Extend Time
Outcome
Appeal dismissed; extension of time refused.
Legal Topics
Extension of Time, Finality of Litigation, Victimisation, Sex Discrimination, Issue Estoppel
Employment Law Civil Procedure Extension of Time Finality of Litigation Victimisation Sex Discrimination Issue Estoppel

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Parties

Mrs Basra

Appellant

London Borough of Brent and others

Respondents

Procedural Posture

Appeal / Application for Extension of Time to Appeal; Appeal Against Registrar's Refusal to Extend Time

Legal Issues

  1. 1 Whether time should be extended for lodging a Notice of Appeal out of time
  2. 2 Whether a change in law justifies extension of time for appeal
  3. 3 Whether the Registrar's refusal to extend time was correct

Ratio Decidendi

A change or clarification in the law after the expiry of the appeal period does not constitute a sufficient reason to extend time for appealing a decision that was final and binding when made. The public interest in finality of litigation outweighs the applicant's argument for extension based on subsequent legal developments.

Court Disposition

Appeal dismissed; extension of time refused.