Time Limits

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

In J v K, the EAT held that the appellant could not rely on vague medical evidence to get an extension of time to lodge a late appeal.

J argued that the time limit should be extended because of his depression. J failed to provide specific medical evidence, but rather provided non-specific information including extracts from the US Department of Veterans Affairs website.

It was held that the medical evidence must be “bespoke” and “fit the individual case” in order to take advantage of rule 39(1).

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