Rana v London Borough of Ealing & Anr; Bonnie v Department for Work and Pensions [2018]

Posted In: Case Law
  • Case Reference
    EWCA Civ 2074
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Time Limits; Lodgement of Appeal; Written Reasons Sent to Agent; Discretion to Extend Time

Both appellants had been represented by solicitor firms who came off the record before the claims were determined. The written judgments were erroneously sent out to the solicitors rather than the appellants themselves. Appeals were lodged in both cases and were rejected for being outside the 42-day time limit.

According to the rules in GB, time runs from the date that the tribunal's written reasons are 'sent to the parties' and it was held that this starts running even when the reasons are sent to the wrong person.

In NI, the Rules state that the appeal must be lodged ‘within 6 weeks of the appellant receiving a copy of the tribunal’s decision’ (Order 60B, Rules of the Court of Judicature

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This article is correct at 27/09/2018
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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