Tweet
This question is regarding submitting a court appellant's notice, within and after the 21 day deadline.
If for simplicity, there is a court decision made on January 1st 2017
and the claimant wants to appeal this decision, the first process is to apply for permission to appeal, which you have 21 days to apply for. (so no later than 21st January2017)
Then if the claimant sends in this Appellant's notice (the claimants appeal form)
on say by the 18th January (18 days from the date of Jan 1, and 3 days before the 21 day deadline)
and the court receive this and Stamp it on the 18th Jan,
But this Appellant's notice has an error in, so the court sent it back to the claimant.
Now the claimant receives it back to them from the court, and correct the error, and send it back to the court.
The date they Resend it back to the court, gets to the court now on the 26 January 2017 (which is 5 days AFTER the 21 day deadline)
so as it was initially sent within the 21 day deadline (with a court stamp on it), now the corrected version is sent 21 days AFTER the deadline,
then would this be considered sent After the deadline? (which the defendant can challenge?)
or as it was originally sent on the 18th January and stamped, then the claimant is Safe as they have originally sent it within the 21 day deadline (regardless of errors in it)
If for simplicity, there is a court decision made on January 1st 2017
and the claimant wants to appeal this decision, the first process is to apply for permission to appeal, which you have 21 days to apply for. (so no later than 21st January2017)
Then if the claimant sends in this Appellant's notice (the claimants appeal form)
on say by the 18th January (18 days from the date of Jan 1, and 3 days before the 21 day deadline)
and the court receive this and Stamp it on the 18th Jan,
But this Appellant's notice has an error in, so the court sent it back to the claimant.
Now the claimant receives it back to them from the court, and correct the error, and send it back to the court.
The date they Resend it back to the court, gets to the court now on the 26 January 2017 (which is 5 days AFTER the 21 day deadline)
so as it was initially sent within the 21 day deadline (with a court stamp on it), now the corrected version is sent 21 days AFTER the deadline,
then would this be considered sent After the deadline? (which the defendant can challenge?)
or as it was originally sent on the 18th January and stamped, then the claimant is Safe as they have originally sent it within the 21 day deadline (regardless of errors in it)
