Logan 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.
Held: Stopping the case was a step which no reasonable tribunal, properly directing itself, would have taken in these circumstances, and the appeal against the Employment Tribunal’s decision must succeed. ‘The shortcut [of the submission of no case to answer] has once again led to a much longer journey for the parties at greater expense.’


Lord Justice May Lord Justice Ward Lord Justice Carnwath


[2003] EWCA Civ 1068, Times 04-Sep-2003, Gazette 02-Oct-2003, [2004] ICR 1, [2004] IRLR 63




England and Wales


CitedRidley v GEC Machines Ltd 1978
The claimant asserted constructive dismissal.
Held: ‘The argument has revolved around the fact that because of the invitation to the respondent employers to call no evidence their side of the story was never given and so the case was never . .
CitedCoral Squash Clubs Ltd v Matthews 1979
Slynn J said: ‘We do not think there is a rigid rule of the kind which Mr Brooke first contended for [viz, that a submission of no case should never be allowed except perhaps if there was an error of law]. It is clear that in many cases it is of . .
Appeal fromJ Logan v The Commissioners of Custom and Excise EAT 21-Jan-2002
EAT Procedural Issues – Employment Appeal Tribunal . .
CitedOxford v Department of Health and Social Security 1977
The tribunal had declined a submission of no case to answer.
Philips J said: ‘It seems to us that that the [decision] was a very proper course to have adopted, and we recommend it as being the course which is in most circumstances the right . .
CitedWalker v Josiah Wedgwood and Sons Ltd 1978
‘The general approach, as we think, must be that in cases concerned with unfair dismissal, whether it be constructive dismissal or direct dismissal, the conception of submission of no case to answer is somewhat out of place.’ . .
CitedJones v Mid-Glamorgan County Council CA 13-May-1997
On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of . .
CitedHackney 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 . .
CitedAudrey Margaret Clark v Watford Borough Council EAT 4-May-2000
EAT Procedural Issues – Employment Tribunal
‘(1) There is no inflexible rule of law and practice that a tribunal must always hear both sides, although that should normally be done: Ridley.
(2) The . .
CitedMiller (T/A Waterloo Plant) v Cawley CA 30-Jul-2002
At the end of the claimant’s case the defendant wished to submit that there was no case for her to answer. The judge then put the defendant to an election as to whether or not she would call any evidence. She appealed.
Held: It is not . .
CitedEnglish v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
CitedLewis v Motorworld Garages Ltd CA 1985
The court considered the circumstances under which an employee might resign and successfully claim constructive dismissal.
Glidewell LJ said: ‘This breach of this implied obligation of trust and confidence may consist of a series of action on . .

Cited by:

Appealed toJ Logan v The Commissioners of Custom and Excise EAT 21-Jan-2002
EAT Procedural Issues – Employment Appeal Tribunal . .
Lists of cited by and citing cases may be incomplete.


Updated: 24 October 2022; Ref: scu.184875