James Goudie KC and Oliver Mills act pro bono for successful employee in Court of Appeal case on amended EAT rules
The Court of Appeal (Underhill, Baker and Elisabeth Laing LJJ) has handed down judgment in Melki v Bouyguese E and S Contracting UK Ltd [2025] EWCA Civ 585], the first Court of Appeal case to consider the application of rule 37(5) of the EAT rules. This rule introduces a power for the EAT to extend time where a minor error to submit relevant documents with the Notice of Appeal has been rectified and it is just to extend time having regard to all the circumstances.
The EAT had held that the Appellant’s error in not including the Respondent’s Grounds of Resistance with his Notice of Appeal did not constitute a “minor error”. The Court of Appeal decided the EAT’s construction of the meaning of “minor error” was inconsistent with the wording of the provision and too narrow to give effect to its purpose
James Goudie KC and Oliver Mills, alongside George Spence-Jones of Gough Square Chambers, acted pro bono for the Appellant instructed by Advocate.
The judgment is available here.
