Franks v The Board of Governors for Churchmead Church of England Voluntary Assisted School & Ors [2011] UKEAT 0708_10_2005 (20 May 2011)

Exceptional circumstances arising from the appellant's multiple disabilities substantially impeded her ability to comply with the time limit, justifying an extension of time to appeal.

Citation: [2011] UKEAT 0708_10_2005
Parties: Appellant: Mrs Irene Franks; Respondent: Respondent school
Jurisdiction: United Kingdom
Judgment Date: 20 May 2011
Procedural Posture: Appeal From Registrar’s Order / Appeal Against Refusal to Extend Time for Lodging Appeal
Outcome: Time for lodging Notice of Appeal extended; appeal to be heard on merits.
Legal Topics: Extension of Time, Appeals Procedure, Disability Accommodations

Employment Law Disability Discrimination Extension of Time Appeals Procedure Disability Accommodations

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Parties

Mrs Irene Franks

Appellant

Respondent school

Respondent

Procedural Posture

Appeal From Registrar’s Order / Appeal Against Refusal to Extend Time for Lodging Appeal

Legal Issues

1 Whether exceptional circumstances justify extension of time to appeal
2 Whether the appellant's disabilities impeded compliance with procedural time limits

Ratio Decidendi

Exceptional circumstances arising from the appellant's multiple disabilities substantially impeded her ability to comply with the time limit, justifying an extension of time to appeal.

Court Disposition

Time for lodging Notice of Appeal extended; appeal to be heard on merits.

Orders

Time to lodge Notice of Appeal extended until 1 or 3 November 2010.
Appellant to file concise witness statement within 21 days of sealed Order.