The Governing Body of Tywyn Primary School v Aplin: EAT 10 Oct 2018

PRACTICE AND PROCEDURE – Appearance/response

In circumstances in which an Appellant is to be understood as consenting to an extension of time for lodging a response to the appeal and the Registrar of the EAT making an Order by consent, the Order is to be construed as granting an extension of time only for the response to the appeal. The extension was rightly held by the Registrar not to apply to a cross-appeal. – The Registrar erred in dismissing a subsequent application for extension of time to lodge a cross-appeal by applying the strict approach to time for appealing to cross-appeals. There are material differences in the Rules and Practice Directions applicable to appeals and cross-appeals. Whilst they may be juridically comparable they differ in practice. The reactive nature of a cross-appeal explained by Langstaff P in Basildon and Thurrock NHS Foundation Trust v Weerasinghe UKEAT/0397/14 and policy considerations illustrate why the strict approach to extensions of time for appeals does not apply to cross-appeals. Slingsby v Griffith Smith Solicitors UKEAT/0619/07 not followed. United Arab Emirates v Abdelghafar [1995] IRLR 243 considered. Decision of Registrar not to extend time for cross-appeal set aside. Using powers under Employment Tribunals Act 1996 section 35 application for extension of time in which to deliver a cross-appeal made on 19 January 2018 allowed.


[2018] UKEAT 0298 – 17 – 1010




England and Wales


Updated: 26 May 2022; Ref: scu.625453