The tribunal considered making an order to strike out Lambeth’s case for failure to comply with orders for directions made by the Tribunal. On the question of the circumstances in which a striking out would be justified under rule 4 of the Tribunal rules the Logicrose case was cited.
Held: ‘We, for our part, would doubt whether Virdee [another decision of the Appeal Tribunal] is not a little too favourable to someone in Lambeth’s position because it is plainly the case, on authority, that if there is deliberate and wilful contumacious disobedience of an order of the Court then the person so responsible for such behaviour can find his or her case struck out, notwithstanding that a fair trial might still be possible. But where conduct of that high degree of blameworthiness is not proven, then the test suggested by the EAT in Virdee, we would say, is correct, namely that the Court has to consider whether any judgment ultimately obtained could not be considered to be fair between the parties. Here, there was and is no evidence that the substantive hearing in this case would necessarily, in the events that had occurred by the 2nd December 1996, have been unfair, or would be unfair, by reason of Lambeth’s delays and failures in relation to their non-compliance with the order.’
Judges:
Lindsey J
Citations:
[1997] UKEAT 237 – 97 – 2005
Links:
Citing:
See Also – Blandford v London Borough of Lambeth EAT 30-Apr-1998
. .
Cited – Logicrose Ltd v Southend United Football Club Ltd CA 5-Feb-1988
The agent required the contractual counterparty to pay a bribe of pounds 70,000 to an offshore account.
Held: The bribe was held to be recoverable by the principal whether the principal rescinded or affirmed the contract because it was a . .
Cited by:
See also – Blandford v London Borough of Lambeth EAT 30-Apr-1998
. .
Cited – Arrow Nominees Inc, Blackledge v Blackledge ChD 2-Nov-1999
The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 June 2022; Ref: scu.207486
