Enver v Simon Jones Superfreight Ltd [2017] UKEAT 0078_17_2012 (20 December 2017)

Enver v Simon Jones Superfreight Ltd [2017] UKEAT 0078_17_2012 (20 December 2017)

A pre-expiry application for extension of time to file a cross-appeal does not materially alter the strict approach to time limits established in case law; the Registrar was correct to refuse the extension as the application was made at the last moment and the Respondent had sufficient notice and opportunity to comply.

Citation
[2017] UKEAT 0078_17_2012
Parties
Appellant/claimant: Mr Enver; Respondent: Respondent (unnamed)
Jurisdiction
United Kingdom
Judgment Date
20 December 2017
Procedural Posture
Appeal From Registrar's Order / Appeal Against Refusal to Extend Time for Cross Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Cross Appeal, Employment Appeal Tribunal Procedure, Limitation Periods
Employment Law Civil Procedure Extension of Time Cross Appeal Employment Appeal Tribunal Procedure Limitation Periods

Case Brief

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Parties

Mr Enver

Appellant/claimant

Respondent (unnamed)

Respondent

Procedural Posture

Appeal From Registrar's Order / Appeal Against Refusal to Extend Time for Cross Appeal

Legal Issues

  1. 1 Whether a pre-expiry application to extend time for filing a cross-appeal should be treated differently from a post-expiry application
  2. 2 Whether the strict approach to time limits for appeals applies equally to cross-appeals where a pre-expiry extension application is made

Ratio Decidendi

A pre-expiry application for extension of time to file a cross-appeal does not materially alter the strict approach to time limits established in case law; the Registrar was correct to refuse the extension as the application was made at the last moment and the Respondent had sufficient notice and opportunity to comply.

Court Disposition

Appeal dismissed

Orders

  • Registrar's decision refusing extension of time for cross-appeal upheld