EAT PRACTICE AND PROCEDURE
Striking-out/dismissal
Time for appealing
1. Appeal by Claimant against a judgment confirming that her claim was struck out by reason of non-compliance with an ‘unless order’. Appeal dismissed. There was no error of law in making the order. The Claimant’s contention that the effect of applying to vary or discharge an ‘unless order’ is to comply with the order is incorrect. Various other grounds of appeal rejected.
The Claimant has also sought leave to amend her Notice of Appeal to add an appeal against a judgment given dismissing her application for a review. This application was made notwithstanding that she had been refused an extension of time for appealing by the Registrar and that her appeal against that refusal had been dismissed. Application heard and dismissed by Registrar. Appeal dismissed. Held (1) it is the usual practice of the Appeal Tribunal to consider an original judgment and a review judgment as separate and to require a notice of appeal for each judgment or order. (2) Even if it is permissible to add an appeal against a different judgment or order by means of amendment, leave to amend ought only to be granted where the in accordance with the Appeal Tribunal’s usual practice an extension of time for appealing would be granted.
Judges:
Richardson J
Citations:
[2010] UKEAT 0495 – 08 – 2306
Links:
Employment
Updated: 21 August 2022; Ref: scu.420259