Kaur v John Brierley Ltd [2001] EWCA Civ 1771 (19 November 2001)

Kaur v John Brierley Ltd [2001] EWCA Civ 1771 (19 November 2001)

The application for permission to appeal and for extension of time should be adjourned for an inter partes hearing, given the unusual circumstances, the admitted error in the costs order, and the procedural irregularity of a different tribunal making the order.

Citation
[2001] EWCA Civ 1771
Parties
Applicant: Charanjit Kaur; Respondent: John L Brierley Ltd
Jurisdiction
England and Wales
Judgment Date
19 November 2001
Procedural Posture
Employment Tribunal Appeal / Renewed Application for Permission to Appeal With Application for Extension of Time
Outcome
Application for permission to appeal and extension of time adjourned for inter partes hearing.
Legal Topics
Costs in Employment Tribunal, Jurisdiction of Employment Tribunal, Withdrawal of Claim, Extension of Time
Employment Law Civil Procedure Costs in Employment Tribunal Jurisdiction of Employment Tribunal Withdrawal of Claim Extension of Time

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Parties

Charanjit Kaur

Applicant

John L Brierley Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Renewed Application for Permission to Appeal With Application for Extension of Time

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to order costs covering the Employment Appeal Tribunal
  2. 2 Whether it was proper for a different tribunal to make a costs order after withdrawal
  3. 3 Whether costs should be ordered against an unsuccessful applicant in these circumstances

Ratio Decidendi

The application for permission to appeal and for extension of time should be adjourned for an inter partes hearing, given the unusual circumstances, the admitted error in the costs order, and the procedural irregularity of a different tribunal making the order.

Court Disposition

Application for permission to appeal and extension of time adjourned for inter partes hearing.

Orders

  • Application adjourned for inter partes hearing.
  • If permission is granted, substantive appeal to be heard immediately after.