EAT PRACTICE AND PROCEDURE: Striking-out/dismissal / Review
Non-compliance with unless order. Automatic strike-out under ET Rule13(2). Additional strike-out order under Rule 18(7)(e) a nullity. Whether automatic strike-out reviewable – if so, whether CPR 3.9 factors need to be applied. Failure to do so rendered review decision erroneous. Appeal allowed; case remitted for review hearing.
Judges:
Peter Clark J
Citations:
[2009] UKEAT 0281 – 08 – 0901
Links:
Cited by:
Cited – Sunley v HMP Durham EAT 12-Mar-2009
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal / Review
Review of strike-out decision. Employment Tribunal misunderstanding of agreed fact on material to exercise of discretion. EAT allowed appeal and . .
Appeal from – St Albans Girls School and Another v Neary CA 12-Nov-2009
The claimant’s case had been struck out after non-compliance with an order to file further particulars. His appeal was allowed by the EAT, and the School now itself appealed, saying that the employment judge had wrongly had felt obliged to have . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 22 July 2022; Ref: scu.279936
