D’Souza v Ousley and Another (2205): EAT 22 May 2001

The claimant’s appeal had been struck out after the Tribunal, having demanded a sworn statement of truth to support the allegation of misbehaviour in the court, and the claimant had repeatedly failed to provide one.
Held: The rules only required that a sworn affidavit would ‘normally’ be required. It was not absolute. The strike out for this reason would be set aside. An order was made requiring the claimant to file particularised allegations for the cases to proceed.

Citations:

[2001] UKEAT 23 – 00 – 2205, [2001] UKEAT 0395 – 99 – 2205

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Employment

Updated: 03 July 2022; Ref: scu.203850