De Keyser Limited v Wilson: EAT 20 Mar 2001

The claimant appealed against an order striking out her claim.
Held: The right to respect for private life is qualified by the right for both parties to have a just trial of the issues between them; and it has to be borne in mind that it was the claimant who invoked the right to such a trial by bringing the claim.
Lindsay J discussed the calling of expert evidence in an Employment Tribnal claim: ‘Careful thought needs to be given before any party embarks upon instructions for expert evidence. It by no means follows that because a party wishes such evidence to be admitted that it will be . . A prudent party will first explore with the employment tribunal at a directions hearing or in correspondence whether, in principle, expert evidence is likely to be acceptable.’
The Honourable Mr Justice Lindsay (President)
EAT/1438/00, [2001] IRLR 324, [2001] UKEAT 1438 – 00 – 2003
Bailii, EATn
England and Wales
Cited by:
CitedV Zanicchi v The Post Office EAT 26-Sep-2002
EAT Procedural Issues – Employment Tribunal
The applicant appealed dismissal of his claim on the grounds of it being vexatious. He had failed to comply with directions as to serving of statements, and had . .
CitedBlockbuster Entertainment Ltd v James CA 25-May-2006
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders.
Held: When making a . .
CitedTisson v Telewest Communications Group Ltd EAT 19-Feb-2008
The claimant’s claim had been struck out for his failure to comply with an order to serve a list of documents.
Held: The appeal failed. The principles applied under the Civil Procedure Rules should be applied in Employment Tribunals. The . .
CitedBurns v Royal Mail Group Plc (No 2) (Formerly Consignia Plc), Humphrey EAT 14-Jan-2004
The hearing was an adjourned second hearing. The appeal on sex discrimination had been dismissed, and the balance of the claim for constructive unfair dismissal was adjourned. At that adjourned hearing the claimant now sought to re-open the claims . .
CitedChambers-Mills v Allied Bakeries CA 21-Feb-2011
The claimant appealed against the strike out of her case for failing to comply with an order requiring her to submit to medical examination and otherwise to pursue her disability discrimination claim.
Held: The claimant’s further application . .
CitedSterlite Industries (India) Ltd v Bhatia EAT 27-Mar-2003
The respondent had been found to be unfairly dismissed. The appellants wished to appeal and sought disclosure of certain documents from the respondent’s solicitors. They now appealed against that refusal.
Held: The appeal succeeded. The . .

These lists may be incomplete.
Updated: 08 January 2021; Ref: scu.172041