Hemdan v Ishmail and Another: EAT 10 Nov 2016

EAT Practice and Procedure: Imposition of Deposit – 1. A deposit Order was wrongly imposed in circumstances where the Employment Judge recognised that the Claimant would find it difficult to comply with its terms.
2. In fact it was not practically possible for the Claimant to comply with the deposit Order, which was set at so high a level in context as to impede her access to justice because she could not comply with it.
3. The Order imposed was not therefore a proportionate and effective means of signalling to the Claimant the low prospects of success and warning her as to costs.

Judges:

Siler DBE P J

Citations:

[2016] UKEAT 0021 – 16 – 1011

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 29 January 2022; Ref: scu.573475