Palihakkara v The English Sport Council [2023] EAT 27

Appeal against refusal to extend time to submit an appeal filed 675 days late.

The original claims were for direct race discrimination and victimisation and commenced in April 2018. In this judgment The President, Eady J first sets out the convoluted procedural history, during which the claimant cited mental health issues and injuries following a car accident for some of the delays in filing and for requests to stay the proceedings.

Reviewing Underhill LJ's decision in J v K [2019] EWCA Civ 5, she then refuses the application to extend time. While the evidence was that the claimant did have mental health issues during the relevant period, she had been able to file an appeal in time on another procedural matter in the proceedings. There was, therefore, no good explanation for the claimant’s default. More generally, this was not a case where there were any circumstances that would justify the exceptional step of granting an extension of time. Furthermore, the matter had progressed to a full merits hearing in early 2022 so any appeal would not affect the outcome of that hearing.

Published: 06/03/2023 12:23

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