J P Garrett Electical Limited v Cotton; Woodward v Abbey National Plc (No 2): EAT 26 Jul 2005

EAT Practice and Procedure – Time for appealing.
Unlike in Midland Packaging v Clark [2005] 2 AER 66, the EAT fax receipt log was made available, by reference to which para 1.8.2. of the EAT Practice Direction can and should be operated. Midland Packaging not followed and disapproved, so that a Notice of Appeal (and all required documents) must be received complete by the EAT, as recorded by its fax receipt log, by 4pm on the relevant day if to be in time. Both appeals consequently were out of time, but the exceptional circumstances of (i) the parties’ reliance upon Midland Packaging (ii) the change in the law justified an extension and, as with the Practice Statement 7 February 2005, litigants represented and unrepresented are now on notice.

Judges:

The Honourable Mr Justice Burton

Citations:

UKEATPA/0030/05/DZM, [2005] UKEAT 0534 – 05 – 2607, UKEATPA/0534/05, [2005] ICR 1702, [2005] IRLR 782, [2005] 4 All ER 1346

Links:

Bailii, EATn, EATn, EATn, Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoDiana Woodward v Abbey National Plc EAT 20-Jul-2005
EAT Public Interest Disclosure
Claimant claims that some years after the termination of her employment, she was caused detriment by her ex-employers due to having been a whistleblower, and makes claims . .

Cited by:

See AlsoJ P Garrett Electrical Ltd v Cotton EAT 15-Nov-2005
EAT National Minimum Wage
Employment Tribunal correctly construed the relevant clause in a contract of employment as entitling the Claimant to be paid at the rate of the NMW, albeit, as an apprentice, he . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 11 July 2022; Ref: scu.257557