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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Hirani v Dome Cosmetics Ltd [1998] UKEAT 73_98_0110 (1 October 1998)
URL: http://www.bailii.org/uk/cases/UKEAT/1998/73_98_0110.html
Cite as: [1998] UKEAT 73_98_110, [1998] UKEAT 73_98_0110
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| At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE MORISON (PRESIDENT)
(AS IN CHAMBERS)
MR S HIRANI APPELLANT
DOME COSMETICS LTD RESPONDENT
| APPELLANT | |
| RESPONDENT |
Transcript of Proceedings
JUDGMENT
APPEAL AGAINST THE REGISTRAR’S ORDER
| For the Appellant | THE APPELLANT IN PERSON |
| For the Respondents | THE RESPONDENTS NEITHER PRESENT NOR REPRESENTED |
MR JUSTICE MORISON (PRESIDENT): This is an appeal against the refusal of the learned Registrar to extend time by one day for the lodging of a Notice of Appeal.
The facts are simple. On the last day for lodging a Notice of Appeal the appellant attended at the EAT's premises in the evening at about 10.30 p.m. in order to put the Notice of Appeal into the building. Unfortunately there is no post box on the outside of the premises, and accordingly, he attempted to insert it between the crack of the doors and did that to the best of his ability. He was seen doing so by a security guard who works in the building next door and has provided a statement confirming the truth of what the appellant, Mr Hirani, has said.
It seems to me in those circumstances that it would be quite unfair and unjust if I was not prepared to extend time for the lodging of a Notice of Appeal. I appreciate the argument that it is the parties' duty to get their documents to us within time and that Mr Hirani left it to the last minute and that he could have sent a fax on the day in question rather than trying to deliver it, but all those matters having been taken into account, and having regard to the letter from Kingsford Stacey Blackwell and their representations as to why the appeal should be dismissed, I am of the view that it would a proper exercise of my discretion to extend time in this case. I therefore do so. As the facts stand, the interests of justice demand that I should.