Hackney London Borough Council v Usher: 1997

‘ it is open to a tribunal to stop a case at half time where a party going first and upon whom the onus lies has clearly failed to establish what he set out to establish. . . Thirdly, there have been and will be utterly hopeless or frivolous cases where a tribunal is entitled to halt the proceedings without hearing the other party.’


His Hon. Judge Peter Clarke


[1997] ICR 705


England and Wales

Cited by:

CitedLogan v Commissioners of Customs and Excise CA 23-Jul-2003
The respondent had at the close of the claimant’s case submitted that it had no case to answer. The tribunal agreed and discharged the claim without hearing from the respondent. The employer appealed the EAT’s decision to allow her appeal.
Lists of cited by and citing cases may be incomplete.


Updated: 06 May 2022; Ref: scu.185983