The appellant sought to appeal a review of his application for housing. The appeal was lodged at court after close of business on the last day of the statutory time limit. The court decided it was delivered out of time.
Held: The Act required the appeal to be delivered. That denoted a unilateral act, not requiring any acknowledgement from the court. The case of Aadan was a transactional process, and therefore did not apply in this case.
Judges:
Ward, Mummery, Parker LLJ
Citations:
Times 28-Oct-2002, Gazette 31-Oct-2002
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Aadan v Brent London Borough Council CA 3-Dec-1999
On a day when the court office is closed, the time for filing documents is accordingly extended by one day, if the expiring day would otherwise have been that day. A request for an appeal was due to be filed within 21 days. The last day was a day on . .
Cited – Swainston v Hetton Victory Club Ltd CA 1983
The claimant was dismissed on 7 September 1981. The time limit of three months, expired at midnight on 6 December. Other departments shared the building entrance with the Tribunal. The front door was closed over the weekend, but there was a . .
Cited by:
Cited – St. Helens Metropolitan Borough Council v Barnes CA 25-Oct-2006
The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.
Housing, Litigation Practice
Updated: 26 May 2022; Ref: scu.177800