Chowles (T/A Granary Pine) v West: EAT 8 Jan 2009

EAT PRACTICE AND PROCEDURE: Appearance/response, Service
A claim sent to Mr Anthony Charles with two errors in the address was not pursuant to Rule 2 ‘sent to the Respondent’ Mr Anthony Chowles. It is unlikely that a telephone call from an ACAS officer would constitute the sending of a claim form or notice of proceedings. A default Judgment cannot be reviewed under rule 34 and 35 but only under the less rigorous rule 33. Default and review judgments and award of andpound;18,310 set aside. Response form accepted. Hearing ordered.

Citations:

[2009] UKEAT 0473 – 08 – 0801

Links:

Bailii

Citing:

CitedSecretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .

Cited by:

CitedEuro Hotels (Thornton Heath) Ltd v Alam EAT 20-Apr-2009
EAT PRACTICE AND PROCEDURE: Postponement or stay
PRACTICE AND PROCEDURE: Review
Employment Tribunal gave Judgment at a hearing in the absence of the Respondent. It held a review and refused to vary the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 22 July 2022; Ref: scu.280451