Brenda Efurhievwe was instructed to represent a car wash business in challenging its civil penalty notice (“CPN”) of £40,000. The CPN was issued in relation to an alleged illegal employee who presented the business with a false Irish passport.
Brenda advised the Appellant regarding their prospects of success and the validity of the right to work checks performed by the business. She prepared detailed grounds of appeal, challenging the CPN on grounds of liability, the existence of a statutory excuse, and in the alternative, the level of penalty.
The appeal was filed the day before the statutory deadline which fell a Sunday. Due to an administrative issue, the appeal was only received by the court on the following Monday. However, the Court did not stamp the bundle it received until the following Tuesday.
As a result, His Honour Judge Marquand dismissed the appeal, stating that it was out of time.
Following Brenda’s advice, the Appellant applied to set this order aside. Brenda assisted the Appellant’s representatives in preparing the application, and drafted a detailed skeleton argument setting out the relevant authorities regarding extending time for filling an appeal, under the statutory limitation period. As confirmed in in Yadley Marketing Company Ltd v SSHD [2016] EWCA Civ 1143, when the last day for filling the Appellant’s Notice falls on a public holiday, or a day then the Court office is closed, then the statutory limitation period is extended to the next working day. Relying on relevant caselaw, and extensive evidence from the Appellant’s solicitor, Brenda demonstrated that the Appellant’s Notice was actually filed in time and the date of the court stamp should be disregarded.
Brenda represented the Appellant at its application hearing. With Counsel’s assistance, the Respondent was persuaded to agree to resolve the application by consent. After hearing Brenda’s submissions on the principles relating to deadlines in statutory appeals, His Honour Judge Marquand approved and sealed the consent order and the appeal was treated as validly filed in time.
As set out in Brenda’s Grounds of Appeal, the Appellant had a strong defence regarding the validity of the right to work check performed by its Director, as well as the appropriate approach to fraudulent documentation. Following the reinstatement of the appeal, the matter was settled with the Home Office agreeing to cancel the £40,000 CPN.
Brenda was instructed by Kenny Bhogal and Mohit Bansal of Bhogal Partners Solicitors.
Brenda Efurhievwe is a member of both the Civil Law, as well as the Immigration and Public Law teams. She specialises in immigration and asylum appeals, and actions against public authorities.
Related barristers: Brenda Efurhievwe (Efu-rie-ve)
Related practice areas: Immigration and Public Law
