When start the 21 days time limit to renew an application for permission to appeal

[register]

Within 7 days of a decision of the EAT we can make to the EAT itself an application for permission to appeal to the Court against this decision.

If the EAT refuses to grant permission to appeal, we can renew our application for permission to appeal to the Court of Appeal within 21 days.

I would like to know if the 21 days deadline starts from the date of the initial decision of the EAT or from the date of the decision of the EAT to refuse permission to appeal to the Court of Appeal.

I found the following three relevant legislations which make reference to within 21 days of the sealed order or of the decision letter but the problem is that both the initial decision of the EAT and its refusal to grant permission to appeal to the Court of Appeal are sealed orders and decision letters and as a consequence I do not know if if the 21 days deadline starts from the date of the initial decision of the EAT or from the date of the decision of the EAT to refuse permission to appeal to the Court of Appeal.

1.Practice Direction of the Employment Appeal Tribunal 2024
13.1.2. Except in the case of an appeal from a Rule 3(7ZA) (see Section 4.3.5 above) or Rule 3(10) order (see Section 5 above), any application for permission to appeal should be made (unless otherwise directed by the EAT)
c from any other decision of the EAT from which you can appeal to the Court of Appeal, to the EAT within 7 days of the date of the determination
d if an application is made direct to the Court of Appeal within 21 days of the date the order was sealed or any other decision of the EAT from which you can appeal to the Court of Appeal was made.

2. CPR 52.12
(b) where the court makes no such direction, and subject to the specific provision about time limits in rules 52.8 to 52.11 and Practice Direction 52D, 21 days after the date of the decision of the lower court which the appellant wishes to appeal.

(We notice that CPR 52.12 make reference to Practice Direction 52D which says).

3. Practice Direction 52D
11.1
(1) This paragraph applies to an appeal to the Court of Appeal from the Employment Appeal Tribunal (EAT) under section 37 of the Employment Tribunals Act 1996.
(2) If an application for permission to appeal to the Court of Appeal is refused by the EAT or is not made, then such an application must be made to the Court of Appeal within 21 days of the date of the sealed order of the EAT.

3.https://www.gov.uk/appeal-employment...lose-your-case

Asking EAT for permission

You must ask EAT for permission to appeal within 7 days of the date on the decision letter.
You can ask for permission on the day of your hearing (if you receive your decision on the day).
If you’re refused permission, you can ask the Court of Appeal directly.

Asking the Court of Appeal for permission

You can ask the Court of Appeal for permission. You must do this within 21 days of the date on the decision letter.

[register]

The issue is whether the 21 days starts from the date the EAT rejected the application for permission to appeal to the Court of Appeal or from the date the EAT rejected the appeal against the decision of the Employment Tribunal. However, according to following wordings of the legislations which deal with this issue, I think that it is from the date of the EAT rejected the application for permission to appeal.

1. In paragraph 11 (2)(b) of Practice Direction 52D about Appeal from Employment Appeal Tribunal it is stated

“(2) If an application for permission to appeal to the Court of Appeal is refused by the EAT or is not made, then such an application must be made to the Court of Appeal within 21 days of the date of the sealed order of the EAT”

a)We notice the word

“then”

Which means that the application for permission to appeal to the Court of Appeal should be done after an application for permission to appeal has been made to the EAT and refused but there is no law which says that the EAT should reply within 21 days and as a consequence the EAT could take its decision after the 21 days time limit which means that the 21 days should start when the EAT rejects the application for permission to appeal to the EAT.

b) We notice also the words

“of the sealed order”

i) However, it is not explained if it is made reference to the sealed order of the EAT to refuse the appeal against the decision of the Employment Tribunal or it is made reference to the sealed order of the EAT to reject the application for permission to appeal.

ii)It is important to take into account that the decision of the EAT to reject the application for permission to appeal to the Court of Appeal is also a sealed order.

iii)Moreover, all sealed orders from the EAT could be appealed against to the Court of Appeal including the decision of the EAT to reject the application for permission to appeal.

iv)It is stated 21 days from the sealed order but it is not stated 21 days from “the date of the decision of the lower court which the appellant wishes to appeal”

2.In paragraph 13.1.2. of Practice Direction of the Employment Appeal Tribunal 2024 it is stated


“d if an application is made direct to the Court of Appeal within 21 days of the date the order was sealed or any other decision of the EAT from which you can appeal to the Court of Appeal was made”

a) Again it is not stated which is the order which was sealed and it is not stated that it is the decision of the lower court which the appellant wishes to appeal

b) Moreover, we notice that it is stated

“or any other decision of the EAT from which you can appeal to the Court of Appeal was made”

And, this any other decision could be the decision of the EAT to refuse permission to appeal to the Court of Appeal.

3. Another issue is that an application for permission to appeal made to the EAT is free but there a court fee of £646 to pay to make it to the Court of Appeal.
Hence, an appellant needs to know if he has to pay this court fee of £646 before making an application for permission to appeal to the Court of Appeal not to pay £646 for nothing.
Therefore, the appellant needs to know if his application for permission to appeal has been accepted by the EAT before making an another application for permission to appeal to the Court of Appeal and paying this £646 court fee.

However, there is no law which says that the EAT should replied to an application for permission to appeal with 21 days.

Hence, if the 21 days starts from the date of decision of the EAT to reject the appeal against the decision of the Employment Tribunal, the appellant could not be able to make to the Court of Appeal his application for permission to appeal within this deadline of 21 days because he may not have yet received the reply from the EAT to his application for permission to appeal before the expiry of the 21 day time limit and he would not yet know if he has to renew his application for permission to the Court of Appeal and pay the £646 court fee.

[register]

This is issue of when start the 21 days time limit to renew to the Court of Appeal an application for permission to appeal which has been refused by the EAT is a basic issue which could be useful to anyone who want to lodge an application for permission to appeal to the Court of Appeal and as a consequence I have difficulties to understand why I have some so many difficulties to get this basic piece of information

[PallasAthena]

The lack of responses here and on all the other forums where you have posted this suggests that you need to consult a specialist lawyer.

If you are well within the 21 days however it is calculated just put in your appeal and pay the fee.

[register]

The problem is that I do not know if I am within 21 days time limit because I do not know when it starts. And, it is difficult for me to renew my application for permission to appeal directly to the Court of Appeal and to spend £649 court fee without knowing.

If the 21 days time limit starts at the date when the EAT rejected my appeal against the decision of the Employment Tribunal. I am outside this delay. However, if it starts at the date the EAT rejected my application for permission to appeal that I made within 7 days of its decision to reject my appeal to the Employment Tribunal, I am not outside this 21 days time limit.

[register]

I am surprised that having posted this thread one week ago I have not yet received a response to it even though this issue of time limit to lodge an application for permission to the Court of Appeal is a basic issue

[PallasAthena]

You have posted the same thing on several other forums and you are getting the same response. It's a specialist area of law and you should get professional legal advice from a law firm knowledgeable about court of appeal applications. Few people go to the court of appeal without professional advice. You were given that advice here and elsewhere several days ago so you need to consult a law firm as soon as possible or you will soon be out of time by any calculation.

[register]

An application for permission to appeal to the Court of Appeal is not the appeal itself to the Court of Appeal because permission may not be granted.

There is no need at this stage to incur unnecessary cost especially that permission to appeal may never be granted and not anyone has the resources to incur these costs. Moreover, plenty of members of this forum are lawyers themselves.

I do not think that to make an application for permission to appeal is a special area of law because all lawyers do it

Furthermore this issue of time limit could be useful to all members of this forum so to do some research if necessary to resolve this issue could be worthwhile

[PallasAthena]

Clearly people here do not have the expert knowledge to answer your question so you need to consult a professional law firm.

[register]

There should not be any need to spend money in lawyers because all “time limits” to issue proceedings should be in the websites of the government.

“time limits” is not a particular field law no lawyer is specialist in it

I have put in my previous posts what is in the website of the government but according to me is not clear and need clarification

[register]

I have done my research and I found the two following piece of regulations about this issue which are the following:
Section 13.1.2 of Practice Direction of the Employment Appeal Tribunal 2024

And


Section 11.1 of Practice Direction 52D

The issue I have is to interpret them