Blockbuster Entertainment Ltd v James

The Employment Tribunal erred in finding that Mr James had never provided particulars as ordered, and failed to properly assess the proportionality of striking out the claims. The Employment Appeal Tribunal was correct to remit the case for reconsideration by a differently constituted tribunal.

Parties: Appellant/defendant: Blockbuster Entertainment Limited; Respondent/claimant: James
Jurisdiction: England and Wales
Judgment Date: 25 May 2006
Procedural Posture: Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome: Appeal dismissed; case remitted for reconsideration by a differently constituted tribunal.
Legal Topics: Striking Out Claims, Proportionality, Case Management Orders, Disclosure, Unreasonable Conduct

Employment Law Civil Procedure Striking Out Claims Proportionality Case Management Orders Disclosure Unreasonable Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Blockbuster Entertainment Limited

Appellant/defendant

James

Respondent/claimant

Procedural Posture

Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

1 Whether the Employment Tribunal erred in striking out the claimant's claims for procedural non-compliance
2 Whether the Employment Appeal Tribunal was correct to remit the case for reconsideration
3 Whether striking out was a proportionate response to the claimant's conduct

Ratio Decidendi

Court Disposition

Appeal dismissed; case remitted for reconsideration by a differently constituted tribunal.

Orders

Blockbuster's appeal dismissed
Case remitted to a differently constituted Employment Tribunal for reconsideration