The EAT (HHJ McMullen) has handed down its decision in Hine Marketing Partnership v Archant Dialogue, a case about a Notice of Appeal which was lodged out of time; a previous notice having been lodged before the deadline but missing a page of the written reasons. A decision of the Deputy Registrar not to accept the appeal was overturned.
The following factors were taken into account:
- The error in excluding a page of the judgment was venial and the essential dispute between the parties could be understood without the missing page being adduced.
- The Appellant had provided a full explanation for the delay in that there had been an error made by the office of the instructing solicitor. The fault of an adviser, in conjunction with other factors, is relevant to the exercise of the discretion.
- The case could not be said to have no merits.