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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Baker v Fleet Car Contracts Ltd [1997] UKEAT 1208_96_1703 (17 March 1997) URL: http://www.bailii.org/uk/cases/UKEAT/1997/1208_96_1703.html Cite as: [1997] UKEAT 1208_96_1703

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APPEARANCES

 

For the Appellant	IN PERSON
For the Respondents	MR K MCNERNEY (Representative) Peninsula Business Services Ltd Stamford House 361-365 Chapel Street Manchester M3 5JY


 


MR JUSTICE MORISON (PRESIDENT): This is an appeal against the Registrar's refusal to extend time for lodging a Notice of Appeal. In the special circumstances of this case I am prepared to allow the appeal because I am assured by Mr and Mrs Baker that they posted their letter on 28 September, which would have arrived here in the normal course of a post within time. I am troubled very much by the truth of what I have been told, but it seems to me that this is a case where I can, and indeed, should accept the truth of what I have been assured is the fact. Accordingly, the fact that the envelope in which the application was posted to us bears a postmark of 1 October should not, of itself, lead to an opposite conclusion.

By extending time I have also taken into account the fact that they are out of time for lodging the appeal against the Registrar's decision. It seems to me that, if the justice of the case, as I believe it does, requires time to be extended because they posted their letter on 28 September 1996, which should have arrived here within time, it would be wrong to deprive them of a hearing merely because they failed to appeal the Registrar's decision timeously.

Having regard to the fact that, in the peculiar circumstances of this case, I am prepared to overrule the Registrar's decision.