Dootson v Royal Mail Plc (Practice and Procedure : Time for appealing) [2010] UKEAT 1315_09_0807 (08 July 2010)

Dootson v Royal Mail Plc (Practice and Procedure : Time for appealing) [2010] UKEAT 1315_09_0807 (08 July 2010)

A genuine mistake by a lay representative in calculating the appeal deadline does not constitute exceptional circumstances justifying an extension of time under rule 37; the Registrar's refusal to exercise discretion was correct.

Citation
[2010] UKEAT 1315_09_0807
Parties
Appellant/claimant: Mr Dootson; Respondent: Respondent (not named)
Jurisdiction
United Kingdom
Judgment Date
08 July 2010
Procedural Posture
Appeal From Registrar's Order (employment Appeal Tribunal) / Appeal Against Refusal to Register Out of Time Notice of Appeal
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Extension of Time, Appeal Procedure, Registrar's Discretion, Litigants in Person
Employment Law Civil Procedure Extension of Time Appeal Procedure Registrar's Discretion Litigants in Person

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Parties

Mr Dootson

Appellant/claimant

Respondent (not named)

Respondent

Procedural Posture

Appeal From Registrar's Order (employment Appeal Tribunal) / Appeal Against Refusal to Register Out of Time Notice of Appeal

Legal Issues

  1. 1 Whether the Registrar erred in refusing to exercise discretion to allow a Notice of Appeal lodged two days out of time
  2. 2 Whether a genuine mistake by a lay representative constitutes exceptional circumstances for extension of time

Ratio Decidendi

A genuine mistake by a lay representative in calculating the appeal deadline does not constitute exceptional circumstances justifying an extension of time under rule 37; the Registrar's refusal to exercise discretion was correct.

Court Disposition

Appeal dismissed; permission to appeal refused.

Orders

  • Notice of Appeal remains unregistered as out of time.
  • No extension of time granted.