Practice and Procedure
The claimant applied for a reconsideration of a judgment of the EJ almost six years after the judgment was promulgated. The EJ refused to extend time for the application and accordingly refused it.
The EAT decided that in considering whether to extend time the EJ had made an error of law in assessing the prejudice to the applicant of not extending time because she had failed to take account of and/or misapprehended facts relevant to that assessment.
In the unusual circumstances of the case the matter was remitted to the EJ to consider extending time again in the light of all relevant circumstances now applying and, if she decided to extend time, to consider the application and whether to revoke the judgment.
Judges:
His Honour Judge Shanks
Citations:
[2022] EAT 128
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 September 2022; Ref: scu.680697