The claimant had sent a notice of appeal, but it was lost in the post. He now appealed a refusal of leave to apply out of time.
Held: The EAT should look at the circumstances. Here a litigant in person would not have been alerted to the need to check after getting no response form the EAT to his notice. Abdelghafar did not allow for delay arising from the postal service. Here the applicant had acted initally well within the time. The court was concerned at the use of standardised clauses in correspondence.
Judges:
Peter, Keene LJJ, Sir Martin Nourse
Citations:
Times 01-Jul-2003, [2003] EWCA Civ 943, Gazette 04-Sep-2003, [2003] ICR 1574, [2003] ICR 1547, [2003] IRLR 574
Links:
Jurisdiction:
England and Wales
Citing:
Cited – United Arab Emirates v Abdelghafar and Another EAT 10-Jul-1995
The appellant challenged a decision by the tribunal made in its absence that the tribunal had jurisdiction to hear against it a claim for unfair dismissal.
Held: The tribunal had erred. Though Sengupta had been decided under common law, it . .
Cited – Capital Foods Retail Ltd v Corrigan 1993
A solicitor acting in an employment matter can be expected to be aware of the applicable procedures. . .
Cited – Aziz v Bethnal Green City Challenge Company Limited CA 25-May-1999
The notice of appeal was served three days late. The Registrar and Morison J refused to extend time, the judge concluding that the explanation for the delay was honest and full, but not acceptable.
Held: Permission to appeal was refused. Sir . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Employment
Updated: 27 November 2022; Ref: scu.184146