The claimant's solicitors filed a Notice of Appeal one day before the deadline but uploaded a covering letter, wrongly called the "judgment", not the judgment and reasons. The error was identified by the EAT but only when it meant the appeal was 17 days out of time. The Registrar refused an extension of time.

HHJ Tayler treated this a full rehearing and held that uploading the wrong document was not a "minor error" as the judgment and reasons constituted a core document essential for assessing any arguable error of law. However, exercising his discretion, he granted an extension as lodging the Notice of Appeal and grounds within time, albeit without all required documents, deserved leniency. The error was genuine, promptly rectified and did not prejudice the respondent so justice favoured allowing the appeal to proceed.