Barracks v Chief Superintendent Coles & Ors

Barracks v Chief Superintendent Coles & Ors

Although the appeal was dismissed, the court found that the respondents' conduct in raising a hopeless abuse of process argument contributed to the problems in the case. Therefore, the appropriate order was no order as to costs, and the substantive legal questions should be determined by the Employment Tribunal after hearing evidence.

Parties
Claimant/appellant: Janet Barracks; Defendant/respondent: Chief Superintendent John Coles; Defendant/respondent: The Commissioner of Police of the Metropolis; Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Costs, Abuse of Process, Race Discrimination, European Community Law, Convention Rights Law
Employment Law Civil Procedure Costs Abuse of Process Race Discrimination European Community Law Convention Rights Law

Case Brief

Summary, issues, holding and outcome

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Parties

Janet Barracks

Claimant/appellant

Chief Superintendent John Coles

Defendant/respondent

The Commissioner of Police of the Metropolis

Defendant/respondent

Secretary of State for the Home Department

Intervenor

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the appeal should be allowed or dismissed
  2. 2 Appropriate order for costs following dismissal of appeal
  3. 3 Whether the proceedings were an abuse of process

Ratio Decidendi

Although the appeal was dismissed, the court found that the respondents' conduct in raising a hopeless abuse of process argument contributed to the problems in the case. Therefore, the appropriate order was no order as to costs, and the substantive legal questions should be determined by the Employment Tribunal after hearing evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed on the terms set out in the court’s judgment.
  • Case remitted to the Employment Tribunal.