Cusworth v British Gas Ltd. [2007] EWCA Civ 608 (07 June 2007)

Cusworth v British Gas Ltd. [2007] EWCA Civ 608 (07 June 2007)

The appeal had no real prospect of success because the claims were either compromised, out of time, or procedurally barred, and there was no error of law or principle in the costs order. The relevant domestic law was not incompatible with European Community Law as interpreted by the House of Lords in Preston No. 2.

Citation
[2007] EWCA Civ 608
Parties
Appellant: Cusworth; Respondent: British Gas Ltd
Jurisdiction
England and Wales
Judgment Date
07 June 2007
Procedural Posture
Appeal / Renewed Application for Permission to Appeal and Stay of Execution
Outcome
application refused
Legal Topics
Equal Pay, Compromise Agreements, Limitation Periods, Costs Orders, Jurisdiction, Statutory Grievance Procedure, Issue Estoppel
Employment Law Equality Law Equal Pay Compromise Agreements Limitation Periods Costs Orders Jurisdiction Statutory Grievance Procedure +1 more

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Parties

Cusworth

Appellant

British Gas Ltd

Respondent

Procedural Posture

Appeal / Renewed Application for Permission to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear the claim in light of limitation periods, compromise agreement, and failure to comply with statutory grievance procedure
  2. 2 Whether the costs order against the appellant was lawful and appropriate

Ratio Decidendi

The appeal had no real prospect of success because the claims were either compromised, out of time, or procedurally barred, and there was no error of law or principle in the costs order. The relevant domestic law was not incompatible with European Community Law as interpreted by the House of Lords in Preston No. 2.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • Application for stay of execution refused