Howarth v. Telegraph Management Ltd [2000] UKEAT 996_99_2202 (22 February 2000)
The explanation for delay was inadequate; solicitors knew the nature of the appeal early and could have processed it without waiting for witness statements. Ordinary prudent practice should have ensured timely submission. The short delay and lack of prejudice to respondent are insufficient grounds for extension.
- Citation
- [2000] UKEAT 996_99_2202
- Parties
- Appellant: Mrs Howarth; Respondent: Telegraph Management Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 22 February 2000
- Procedural Posture
- Appeal / Full Hearing
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Constructive Dismissal, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Howarth
Appellant
Telegraph Management Ltd
Respondent
Procedural Posture
Appeal / Full Hearing
Legal Issues
- 1 Whether the appellant provided adequate explanation for delay in lodging appeal
- 2 Whether extension of time for appeal should be granted
Ratio Decidendi
The explanation for delay was inadequate; solicitors knew the nature of the appeal early and could have processed it without waiting for witness statements. Ordinary prudent practice should have ensured timely submission. The short delay and lack of prejudice to respondent are insufficient grounds for extension.
Court Disposition
appeal dismissed
Orders
- No extension of time granted for appeal
- Registrar's decision refusing extension of time affirmed
Full Case Text
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