Define “out of time” here. The HMCTS process around late appeals long ago changed but how DWP and LAs approach it often doesn’t reflect that. Essentially lateness in and of itself is never going to stop an appeal proceeding unless there is something to clearly suggest the appeal is without merit i.e. cannot at all succeed.
In terms of proceeding, it will proceed albeit that the party being represented by CitA may require an appointeeship after death depending on the circumstances pertaining at the time of appeal.
