The Judgment Stress Test · For lawyers · Free
The late appeal
The decided case
A licensing tribunal refused Ms Okafor a market licence by a decision dated 1 June. She had no lawyer. The tribunal posted the decision to her on 3 June.
Ms Okafor filed her appeal on 4 July. She said she had been away on holiday and had lost track of the dates.
The appeal tribunal held that the appeal was out of time and refused to extend the time, because being on holiday was not a good reason.
The rules the court applied
- Rule A. An appeal must be filed within 28 days after the day the decision is served. The day of service is not counted, and the 28th day after it is the last day for filing.
- Rule B. A decision is served on a party when it is handed to the party or to a lawyer instructed in the case. A decision sent by post is treated as served two days after it is posted, even if it arrives later.
- Rule C. The tribunal may extend the time for filing if the appellant gives a good reason for the delay and the other side would not be unfairly harmed.
The decision
The appeal was out of time, and the tribunal refused to extend the time. The decision was posted on 3 June, so under Rule B it was served on 5 June. Counting 28 days after that day under Rule A, the last day for filing was 3 July. Ms Okafor filed on 4 July, one day late. Under Rule C a holiday is not a good reason for the delay, so the tribunal refused an extension.
Everything you need is on this page: no outside law, and no tools. All places, cases and people are fictional (the Republic of Eastmark). For each change below, change only that one fact and keep everything else as in the decided case.
Change 1 of 6
Ms Okafor files her appeal on 3 July. The rest is as before.
Change 2 of 6
The tribunal posts the decision on 4 June instead of 3 June. She files on 4 July.
Change 3 of 6
The tribunal also hands a copy of the decision on 2 June to the lawyer Ms Okafor had instructed for the licence hearing. She files on 4 July.
Change 4 of 6
Ms Okafor was in hospital from 20 June to 6 July and has a doctor’s certificate. The other side says an extension would not harm it at all.
Change 5 of 6
The decision letter was typed in blue ink on cream paper instead of black ink on white paper.
Change 6 of 6
The post was delayed, and the decision reached Ms Okafor only on 20 June. She files on 4 July and explains this to the tribunal.
Professional skills training with fictional material. It is not legal advice and is not accredited by any court, regulator or professional body.