Post Office v Clarke [1998] UKEAT 860_97_1707 (17 July 1998)

Post Office v Clarke [1998] UKEAT 860_97_1707 (17 July 1998)

Time for lodging the Respondent's Notice was extended because the issues would have to be considered at the full appeal in any event, but costs were awarded against Mr Clarke due to unreasonable conduct in failing to comply with explicit procedural requirements.

Citation
[1998] UKEAT 860_97_1707
Parties
Appellant: The Post Office; Respondent: Mr Clarke
Jurisdiction
United Kingdom
Judgment Date
17 July 1998
Procedural Posture
Employment Appeal / Appeal Against Registrar's Refusal to Extend Time for Lodging Respondent's Notice
Outcome
Appeal allowed; extension of time granted; costs awarded against Mr Clarke.
Legal Topics
Extension of Time, Unfair Dismissal, Tribunal Procedure, Costs
Employment Law Extension of Time Unfair Dismissal Tribunal Procedure Costs

Case Brief

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Parties

The Post Office

Appellant

Mr Clarke

Respondent

Procedural Posture

Employment Appeal / Appeal Against Registrar's Refusal to Extend Time for Lodging Respondent's Notice

Legal Issues

  1. 1 Whether time should be extended for lodging Respondent's Notice of intention to defend appeal
  2. 2 Whether costs should be awarded for unreasonable conduct

Ratio Decidendi

Time for lodging the Respondent's Notice was extended because the issues would have to be considered at the full appeal in any event, but costs were awarded against Mr Clarke due to unreasonable conduct in failing to comply with explicit procedural requirements.

Court Disposition

Appeal allowed; extension of time granted; costs awarded against Mr Clarke.

Orders

  • Respondent's letter of 1 April to stand as Notice of Appearance.
  • Mr Clarke to pay £150 to the Post Office within 14 days by way of costs.