application for extension of time to file a general protections Court application
where the applicant was out of time by only one day
Quick Take
1Where the delay in filing a general protections court application is minimal (here, one day) and results from a solicitor's miscalculation of the deadline rather than the applicant's inaction, the Brodie-Hanns factors will ordinarily favour granting an extension of time unless the substantive case is hopeless or very weak.
2Prejudice alleged by a respondent must be causally connected to the delay itself; a respondent's complaint about the burden of defending allegedly unmeritorious claims does not constitute prejudice arising from a one-day delay.
3Where neither party has filed evidence on the merits and the respondent has not demonstrated that the claims are bad in law, the court will accept that the applicant may have an arguable claim sufficient to support an extension of time.
