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Does the limitation period to appeal to the EAT run from the date the judgment was "sent" even if the ET failed to send it to a claimant's correct address?
Yes said the EAT in Carroll v Mayors Office for Crime and Policing.
The EAT has a broad discretion to extend the time limit to ensure no injustice. However there is a duty, if seeking to have the court exercise that discretion to act promptly once the error is realised. In this case solicitors for Mr Carroll knew that a judgment had been promulgated in August 2013, from October 2013 - but did not act with sufficient dispatch to obtain a copy. Once received in January 2014 they then assumed they had 42 days to lodge a notice of appeal and waited until March 2014. In these circumstances the EAT declined to exercise its discretion to allow the appeal out of time.
Rebecca Tuck represented the successful Respondent, Instructed by the Metropolitan Police Directorate of Legal Services
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