Singh- Rathour & Anor v Taylor & Ors (Practice and Procedure : Time for appealing) [2011] UKEAT 0879_10_1103 (11 March 2011)

Singh- Rathour & Anor v Taylor & Ors (Practice and Procedure : Time for appealing) [2011] UKEAT 0879_10_1103 (11 March 2011)

Exceptional circumstances, including lack of knowledge of appeal rights, reliance on tribunal assurances, and severe health issues, justified extension of time in Mrs Hancocks’ case. In Mr Singh’s case, the omission of certain documents was excused due to a reasonable and truthful explanation, and prompt action once aware of the requirements.

Citation
[2011] UKEAT 0879_10_1103
Parties
Appellant: Mrs Hancocks; Respondent: Respondent (Hancocks case); Appellant: Mr P R Singh-Rathour; Respondent: Mrs Taylor
Jurisdiction
United Kingdom
Judgment Date
11 March 2011
Procedural Posture
Appeal From Registrar’s Order / Application for Extension of Time to Appeal
Outcome
Time for appealing enlarged; both appeals allowed to proceed.
Legal Topics
Extension of Time, Appeal Procedure, Practice and Procedure, Costs Orders
Employment Law Civil Procedure Extension of Time Appeal Procedure Practice and Procedure Costs Orders

Case Brief

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Parties

Mrs Hancocks

Appellant

Respondent (Hancocks case)

Respondent

Mr P R Singh-Rathour

Appellant

Mrs Taylor

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether time for appealing should be extended for out-of-time appeals
  2. 2 Whether failure to include certain documents in the appeal was fatal to its validity

Ratio Decidendi

Exceptional circumstances, including lack of knowledge of appeal rights, reliance on tribunal assurances, and severe health issues, justified extension of time in Mrs Hancocks’ case. In Mr Singh’s case, the omission of certain documents was excused due to a reasonable and truthful explanation, and prompt action once aware of the requirements.

Court Disposition

Time for appealing enlarged; both appeals allowed to proceed.

Orders

  • Extension of time granted for both appeals
  • Appeals validly instituted