MR D ELNAIEM v (1) HUDDERSFIELD NHS TRUST (2) MR A MILLING [2001] UKEAT 0395_01_1607
[1]APPEARANCES For the Appellant MR ARTHUR BLAKE (of Counsel) Messrs Malik Laws Solicitors Cheetham Hill Chambers 577-579 Cheetham Hill Road Manchester M8 9JE For the Respondents MR JUSTICE DOUGLAS BROWN This appeal of Mr Elnaiem against the Huddersfield NHS Trust and Mr Milling raises at the outset a preliminary point as to jurisdiction raised by the solicitors for the Respondents. The Extended Reasons were sent on 9 January 2001. There were then 42 days from receipt for the Appellant to appeal. The grounds of appeal were not received until 14 March 2001, well outside the time provided in Rule 3(2). However, the Tribunal made corrections to the Extended Reasons. Those, under the hand of the Chairman, were sent out as Substituted Extended Reasons on 1 February 2001. The argument in correspondence on behalf of the Respondents is that it is the first sending out of the Extended Reasons which counts so far as time running is concerned. We have to say we do not agree. Time runs from the receipt of the Extended Reasons. The Extended Reasons were not in their final form until they were put in their final form by the corrections made by the Chairman on behalf of the Tribunal. They then carried the date of the 1 February 2001 and it is clear that the Notice of Appeal was served in time and the preliminary point is decided in favour of the Appellant.[2]So far as the appeal itself is concerned. We have considered the admirable submissions made by Mr Blake on behalf of Mr Elnaiem and we will content ourselves with saying that we regard all the grounds of appeal, as identified in his skeleton argument, as being arguable. We say no more other than this matter will forward to a Full Hearing.